ABC ETC is a design platform offering font softwares and royalty-free image licenses. Our name comes from a desire to explore beyond typefaces. The etc and the ellipsis are more than typographic solutions. They represent our belief that there’s a lot to be imagined in that suspended space.
Our website is a playground for unexpected typeface pairings and aesthetic experiments. With our TYPEWRITER tool, every user can play around and get inspired, combining our typefaces with our artworks, with the direct possibility to license the content created at any time.
Our type-design approach lead us to develop this platform. Considering typefaces and letterforms not just as simple black shapes on a white void, but always in relation to colors, patterns, illustrations, still and moving images.
Our artist selection is multi-disciplinary, gathering disparate contributors from many fields and places, aiming to build up a community of artists-at-large and set up a system of self-support for personal creation. Find us on Instagram: @abc_etc_com
ABC ETC INC. is a design and publishing company founded by Nazareno Crea in 2018. An Italian type and graphic designer based in Brooklyn. Graduated from ECAL in Switzerland and MA from Royal College of Art in London. In 2008, he began to collaborate with Cornel Windlin as a designer for lineto.com and published LL Catalogue later in 2019. His interest in design and typography have always been parallel to art direction and artistic “escapades”. Expanding the role of the designer to something similar to a movie or music director, connecting talents to generate compelling visual languages.
ABC ETC’s love for typography comes mainly from vernacular sources, as well as transitional and unconventional typefaces. The history of type-design is filled with unorthodox experiments which gave life to what became new standards. We borrow that mindset, making sure to explore every solution, no matter how strange or typographically incorrect it might be. We aim to contribute to the type-design culture, following in the footsteps of designers such as Benguiat, Carnase, Di Spigna, Lubalin, and Novarese, for their classic yet playful approach to letterforms.
The ever-growing technological advancement in printing and screen resolution, as well as the profoundly different relationship we have developed with letters and the way we read, lead us to focus more on the visual qualities of a typeface rather than certain technical aspects which at times might seem ineffective or obsolete.
We believe in providing designers with very specific tools. Sometimes our fonts are only single cut, because we champion specificity rather than endless choice. Our fonts offer variability only when the project requires it.
ABC ETC focuses mainly on typefaces and their relationship with images, encouraging users to get inspired using our TYPEWRITER tool to open up diverse typographical and aesthetic possibilities.
ABC ETC also creates custom fonts. We have designed fonts for clients such as Conde Nast Italy, Pandora Jewelry, Miu-Miu, Studio Veronica Ditting, Coqui-Coqui Perfumes, Gabellini Sheppard, SwatchGroup, Polydor Records, Matek Clothing, Wuti Film Festival, and Filmograph LA. We’re always available to collaborate on custom font projects. Send us an email and we can take it from there: info[at]abc-etc.com
We welcome submissions and invite you to get in touch with us. If you would like to propose a typeface, please send a sample as a pdf file with a description of the concept and your motivations for publishing with us. We’ll review your documents carefully and aim to respond back within a couple of weeks of receiving them. You can send us an email here: info[at]abc-etc.com
ABC ARTWORK ETC is an image bank offering royalty-free licenses from a wide range of artists and professionals from all over the world. Our participating artists and their artworks change seasonally (every 6 months) in order to create new opportunities and offer a dynamic catalogue. The artists involved are an eclectic group, spanning from established contemporary artists to those working outside of the industry.
ABC ETC offers an alternative to common stock images, proposing experimental visual material for publishers, design agencies, news and media companies, cultural institutions, online platforms, etc.
The fast growing visual landscape populated by AI imagery, proposes anonymous creators and automated creations. We offer a valid alternative to this trend. Presenting works created by humans with authorship and uniqueness.
We encourage self-expression and playfulness, making available innovative artworks chosen by the artists themselves. ABC ETC wants to generate an ecosystem of artists that can support itself, by showcasing upcoming talents alongside established ones and assigning the same value to every artwork.
ABC ARTWORK ETC is a temporary pop-up store for artists who are interested in commercializing their work for a brief period of time.
We welcome artist submissions and invite you to get in touch with us. If you like our system of distribution and would like to propose a series of artworks, please send a sample as a pdf file with a description of the concept and your motivations for publishing with us. We aim to respond to all submissions within a couple of weeks of receiving them. Get in touch at: info[at]abc-etc.com
What is a font license?
A font is a software and not a product. In order to use our fonts, you have to purchase a license. The font license gives you the right to use the software according to the terms of the End User License Agreement (EULA). You are not buying the font (software) itself. You’re buying ‘the right’ to use our software. After payment you will receive an email with a link to download the corresponding font package.
Can I get a refund?
No, all orders are final and non-refundable. Nevertheless, if you experience any problems, please get in touch with us.
How long a license lasts?
Licenses are perpetual, you only pay one time, according to the indicated number of Desktop computers/Web monthly views/number of Apps/ePublications. If this amount increases past the license’s specifications, you will have to update your license.
How do I update my license?
If you need to increase the number of users for a Desktop License or to expand the web-traffic setting for a Web License, please contact us and we will update your license with the previous order amount automatically deducted.
Can I share my license with the client?
We spent a lot of time creating a very user friendly store, you should be able to simply give instructions to your client, and let them buy the products directly. Our store is easy to use and has only 3 steps from selection to completion.
I bought a Desktop License (1-5 computers) for my client, can I keep a license on my personal computer?
As a designer, if you buy a Desktop License for your client, you can keep a license on your computer only to work on projects related to your client, non-commercial projects or presentations and pitches. If you want to use the typeface for another company, you need another license for the other company. You only need to own a license if you’re creating work for yourself.
I would like to use a font exclusively online, do I need to buy a Desktop License?
If your company or your client’s company uses the font exclusively online, you only need a Web License. But if you have to render a PDF presentation for your client, you need a Desktop License.
Can I use a Web License for sub-domains?
Web Licenses are only valid for a single URL address. If you want to use a font on sub-domains you have to purchase a different license for each sub-domain. For a possible discount on multiple sub-domains, get in touch.
Can I embed my font in a video game?
In order to embed a font in a video game, you need a special license. Get in touch for a custom license quote.
How can I pay?
We accept payments via credit card. Prices are in US Dollars (USD).
How can I use trials?
You can use trial fonts for testing, pitches and/or educational purposes according to the terms of the End User License Agreement (EULA). Trial fonts have a limited character set. If you plan to use a font in a commercial context, you have to purchase the appropriate license.
Can I get a custom typeface for my company?
We offer custom and bespoke typefaces services for special projects. We can also change the name of fonts to your company’s name. Get in touch for any inquiries.
Can I modify your fonts?
Modifications to the font software in order to produce a new font is not allowed. If you create a logo with one of our fonts and want to trademark it, please get in touch for a custom license.
I am a student, can I get a discount?
At the moment we don’t have student-discounts but you can use our trial fonts for any non-commercial project. If your project evolves in a commercial context, you will have to purchase the appropriate license.
What’s your pricing system?
Everyone of our Artwork is prized according to the type of usage:
Single use: $ 250
– Article: $ 500
– Cover: $ 2’500
On request only at info(at)abc-etc.com
All images are in high resolution, over 3000px (roughly printable A3 size at 300dpi).
Please get in touch for higher resolution.
What is an artwork license?
In order to use any artwork, you have to purchase a license. This license gives you the right to use the artwork according to the terms of the End User License Agreement (EULA). So, basically you are not buying the artwork itself but ‘the right’ to use it. After payment you will receive an email with a link to download the corresponding artwork package.
For how long are artwork licenses valid?
Our licenses are perpetual, you only pay once, but they are bound to ONE PROJECT ONLY according to the indicated type of usage. If the parameters of usage such as personal/editorial/commercial change past the license’s specifications, you will have to update your license. If you want to use the same artwork on a different project you will have to buy a new license.
How do I credit an Artwork?
If you use any of our Artworks for editorial purposes, you must include the correct credit format, near the image or in the production credits: “©[Artist/s Name]/[Artwork Name]/[Year] via ABC-ETC.COM”
Every licensed Artwork used in any audio/visual production where credits are given to other providers of licensed material, users must include the following credit in comparable size and placement: “Imagery supplied by ©[Artist/s Name]/[Artwork Name]/[Year] via ABC-ETC.COM”
What constitute ONE EDITORIAL PROJECT?
Every artwork is sold for the exclusive usage to ONE PROJECT ONLY.
For editorial usage one project is intended as: One single article/publication/post in a magazine, newspaper, blog, publication of all sorts for non-commercial purpose. The artwork can be used an unlimited amount of times within the same article/publication/post across all media, but it cannot be re-used for a different article, a different publication or a different post. One article/publication/post is defined by a title and by an author. Not by its subject, nor its content.
What constitute ONE COMMERCIAL PROJECT?
Every artwork is sold for the exclusive usage to ONE PROJECT ONLY.
For commercial usage one project is intended as: One single product/campaign/brand/product series or commercial item of all sorts. The artwork can be used an unlimited amount of times within the same product/campaign/brand/product series across all media, but it cannot be re-used for a different product, a different campaign or a different brand. One product/campaign/brand/product series is defined by a name of the product and by the year. For Sub-Brand and Sub-products you have to buy a new license.
How do I update my license?
If you need to increase the image size or to expand an editorial licence to a commercial one, please contact us and we will update your license with the previous order amount automatically deducted.
How can I pay?
We accept payments via credit card. Prices are in American Dollars (USD).
Can I get a refund?
No, all orders are final and non-refundable. Nevertheless, if you experience any problems, please get in touch with us.
Can I get exclusive rights of an artwork for my company?
For specific or unlisted license agreement please get in touch with us.
Can I modify your artworks?
Modifications to the artwork in order to produce a new artwork is not allowed. You can only reframe or resize the artwork. If you modify or alter any artwork in any other way than scale and crop, you’re subject to copyright infringement.
I am a student, can I get a discount?
At the moment we don’t have student-discounts but you can use our editorial artworks for any non-commercial project. If your project evolves in a commercial context, you will have to purchase the appropriate license.
I’m an artist, can I sell my artworks on abc-etc.com?
We are always interested in new artists and collaborations, don’t hesitate to send us your portfolio.
This font software End User License Agreement is a contract and, a legal agreement between you (the “End User”, “Customer”, “Licensee”) and ABC ETC INC.(“ABC”). The license fee paid is non-refundable. Should the ABC font software be defective, you agree to contact ABC within 30 days, and you will be offered replacement software. Your statutory rights as a consumer and as provided by law are not affected.
END USER LICENSE AGREEMENT
The terms and conditions of this End User License Agreement (“EULA”) form a part of all ABC proposals and control all deliverables and services of ABC. This EULA governs font uses via abc-etc.com, and/or the ABC font software or other deliverables and all users agree to be bound to the terms and conditions in this EULA. By buying, ordering, storing, opening, providing access to and/ or using ABC font software, or by using the abc-etc.com website you agree to the Terms and Conditions in this EULA. If do not agree to this License or any of its terms and condition, do not download, access, and/or use the font software or the abc-etc.com website. You expressly agree that you have read this license agreement.
1 LICENSE RIGHTS
1.1 TERMS OF CLARIFICATION
This License Agreement is the entire agreement and the term “End User” may refer to one or several individual(s) using the font software and may also refer to a company, business entity, institution or other organization, within which one or multiple users have access to the font software. The design of the type font and/or the font software that is the subject of this agreement is the intellectual property of ABC. For purposes of clarity, the term “font software” is used for “Font”, “The Typeface”, “The Software”, or any combination thereof. The term “font software” includes any and all updates, upgrades, expansions, modified versions and working copies of the font software.
1.2 PROPRIETARY RIGHTS
The Font Software and the design of the font embodied therein are the exclusive property of ABC and ABC is the sole owner of all copyrights, trademarks and exploitation rights associated with designs of the font and the Font Software around the world, whether registered or not. The Licensee expressly agrees that the Font Software any documentation, and all copies thereof, are owned by ABC.
1.3 COPYING SOFTWARE
With the exception copying allowed by law, copying the Font Software is not permitted. Any and all copies that the Licensee is permitted to make on the basis of this agreement, or under law, must contain the same copyright, trademark, and other property clauses as those on or contained within the Font Software. The Licensee declares not to modify, adapt, or translate the font software or the design embodied therein, nor reproduce, decompile, disassemble, reverse-engineer, change, modify or otherwise attempt to reveal the source code of the font software. The Licensee also agrees to use the trademarks that are connected to the font software accordingly and to accept usage of the trademarks, including the identification of the owner of the respective trademark. These trademarks may only be used for the purpose of identifying the font software.
2 GENERAL USAGE RIGHTS
Upon full payment of the agreed-upon license/usage fee, ABC will permit the Licensee the non-exclusive, nontransferable, non-sublicensable right and license, to use the Font Software subject to the terms and conditions of this EULA or an agreement relevant to the particular licensed use.
2.2 END USERS
All users of the Font Software needs to be a licensed End User and all End Users agree to Act within the parameters of the EULA applicable to their right to use the Font Software.
ABC provides Licenses the use of the Font Software directly to End Users only and does not offer licenses through intermediaries or resellers. Agencies, companies and individuals sourcing and acquiring licenses on behalf of their clients are fully responsible for the accurate and truthful communication with ABC of complete and accurate user information as well as, the scope of their client’s intended use of the font software which includes, comprehensive client information. The contractual relationship formed by this License Agreement is formed between ABC ETC INC and the actual End User. Licensing.
2.4 LICENSE TRANSFERRING
Transferring a license to a third party is not permitted. Unless otherwise expressly permitted in their ABC License, any subsidiary company, affiliate company, servicing or production company, design agency, freelancer and/or any other third party carrying out work on behalf of the Licensee and making active use of the font software, is required to buy their own, separate license directly from ABC.
2.5 PERMITTED TRANSFER OF FILES
For the exclusive purpose of outputting certain files, the Licensee is permitted to transfer a copy of the font software used for creating the relevant file, to commercial printers, pre-press or other service company on the condition that there will be no active use of the font software (i.e., for text editing, corrections, etc.). In the event the service company needs to use the font software, the service company must purchase its own license. The Licensee is obliged to inform any such commercial printer, pre-press, or service company of the content and restrictions stated in this License Agreement.
2.6 FONTS EMBEDDING
If the Licensee intends or desires to create a document containing embedded Font Software wherein the Font can be accessed and edited, a request must be made to ABC who are under no obligation to allow such rights. Under certain conditions, ABC may permit embedding fonts in editable documents and will then arrange a license extension for font embedding, subject to an additional fee.
2.7 TRIAL FONTS & LICENSE
ABC may grant individual users or companies a Trial License for the sole purpose of evaluating the Font Software in the context of their own work. A Trial License entitles users to test the Font Software for both print and web/electronic use, and to create test documents, test visuals or test web pages for the purpose of examining the Font Software’s aesthetic properties, or for its presentation to clients or other interested parties. Any further internal, external, or public use is strictly prohibited, especially the creation and dissemination of visuals of any kind, as is any use for purposes other than testing, evaluation and presentation of the font software or its application in prospective use. Test font files, may they be full versions or subsetted versions with limited glyph sets, and are protected by this EULA. Testing only Font Software may not be re-distributed nor made available to anyone by Licensee. Use of the Font Software or the data contained within the test font files also excludes modifying, reassembling, renaming, storing on publicly available servers, redistributing, gifting and/or selling.
2.8 MISUSES & INFRINGEMENTS
Use of Font Software without a valid and/or proper license, constitutes an infringement of ABC’s rights. You expressly agree that any breach of the terms and conditions of this license could cause irreparable harm to ABC for which monetary damages may be inadequate or difficult to ascertain, and therefore, agree that ABC will have the right to seek injunctive relief for breach hereunder, without the obligation of bond and without limiting any other rights or remedies that may be available to ABC for any breach. In addition, use of the font software without any valid and/or adequate licensing constitutes an obligation of every infringer (including agencies, companies or individuals acting as procurer) to pay ABC ETC INC a retroactive license adequate for the improper use of the Font Software.
3 SPECIFIC USAGE RIGHTS
3.1 LICENSE AND EXTENSIONS
License extensions are needed for a variety of additional usages, e.g. use by more than 5 (five) employees and/or use at more than 1 (one) separate business location of 1 (one) company/business entity/institution; use in or on websites, apps, online advertising, out-of-home advertising, TV, cinema, social media, streaming video, digital point of sale, merchandise, logos, word-marks, electronic device displays, business document systems, e-publishing, etc. In the event that any such extensions to a desktop license become necessary; the Licensee is obliged to purchase the appropriate license extension directly from ABC.
The basic desktop license consists of the right to store the font software on maximum 5 (five) computers (workstations) and use by maximum 5 (five) employees of 1 (one) single company, business entity and/or institution only and restricted to
1 (one) single business location stipulated by the Licensee at the time of the license purchase. A desktop license allows the Licensee to design, produce, and edit printable and digital assets, and includes basic publication rights for printed text media such as for print correspondence, books, periodicals, flyers, brochures, etc. Additional licensing may be required for corporate, commercial and/or campaign print use.
ABC also licenses purpose-created webfont packages for dynamic online rendering on websites. The use of ABC webfonts on websites requires a license which is permitted for a specific domain (URL). The license is calculated according to the number of average monthly page view figures. A web license includes an additional domain for development purposes. The Licensee is allowed to self-host the provided webfonts on all registered domains and their subdomains and include them via the @font-face feature. The CSS-file which refers to the webfonts must quote ABC ETC’s disclaimer in unchanged wording. ABC neither collaborates with any cloud-based hosting service nor does it permit the hosting of ABC Font Software through any such service. ABC webfonts are provided only for self-hosting.
A license extension is required for the use of Font Software in native apps, web apps, or hybrid apps, on mobile or stationary devices, for example personal computers, smart phones, entertainment systems, game consoles, medical instruments, etc. Licenses are calculated according to the number of downloads/installations.
3.5 ELECTRONIC PUBLISHING
A license extension is required for the use of the Font Software to create and publish eBooks, e-magazines or any digital periodicals, brochures, catalogues, etc., to be read online or offline, on computers, e-readers, tablets, smartphones, or any other electronic device.
3.6 SOCIAL MEDIA AND STREAMING VIDEO
A license extension is required for use of the Font Software within static images and streaming video published on social media channels and on website domains.
3.7 OUT-OF-HOME (OOH/DOOH)
A license extension is required for use of the font software to create and publish out-of-home advertising, both in printed (OOH, “Out-of-Home”) or digital (DOOH, “Digital Out-of-Home”) form, such as on billboards, street furniture, moving vehicles, etc. This license extension covers use within defined territories.
3.8 TV & CINEMA
A license extension is required for use of the font software in audiovisual productions for exploitation on all television (such as channel branding, show identification and promotion, TV ads, etc.), in cinema (movies, trailers, cinema ads, etc.), in online and wireless media, video-on-demand (VoD), download-to-own (DTO) and in audio-visual productions stored on static media. Such licensing extension covers use in specific media, within defined geographic territories. For use in streaming video on social media and on websites, see Article 3.12 of this EULA.
3.9 LOGOS AND BRAND MARKS
For the purpose of creating static/animated logos, word marks, trademarks, taglines, brand claims or slogans, for branding or advertising purposes of a company, product, service, individual, recording artist or band, institution, association, sports club, event, political party, etc., the use of the Font Software, in whole, in parts, or by way of modification of outlines using editing software capable of such modification, is subject to an additional licensing fee for the public exploitation of any such graphic element. If you are not sure that your use is permitted, you must contact ABC for clarification and, if appropriate, the purchase of an additional license.
A license extension is required for use of the font software to print, stamp, emboss, engrave, decorate, adorn or otherwise manufacture commercial and/or promotional merchandise such as apparel, accessories, presentation packaging, letterform products/objects, etc.
3.11 ELECTRONIC DEVICE DISPLAYS
A license extension is required for the use of the Font Software to create and publish within device displays such as, by way of example, not limitation, ATMs, ticket machines, dashboards, entertainment products, household appliances, etc.
3.12 ONLINE ADVERTISING
A license extension is required for use of the Font Software to create and publish online advertising on websites and mobile platforms, such as banners, pop-ups, floating ads, video ads, HTML ads, email newsletters, etc. This license is an extension to the desktop license, or in the case of HTML5 ads, an additional web font license. The webfonts used for HTML ads must be stored together with all other ad content (e.g., static images) on the same ad server location.
3.13 CIRCULATION/PUBLICATION OF PDF FILES
The Licensee may, for personal or internal business use only, embed the font software in PDF files only when such documents are in “READ-ONLY” mode. A license extension is required for embedding the Font Software in external business PDF documents (see 3.5 of this EULA).
3.14 STORAGE ON SERVERS
The Licensee may install the font software on a single type server for use on a single local area network (LAN), only when the use of such font software is limited to those workstations and printers that are part of the licensed unit to which the server is connected. The font software may not be installed or used on a server that can be accessed via the internet or other external network system (a system other than LAN), or by workstations which are not part of a licensed unit. Font Software used with a server-based application such as those used in Business Document Systems, require a license extension for servers.
3.15 POLITICS AND RELIGIONS
Use of the font software for the dissemination of words and images for any form of political campaign, for and by Religious organizations political or politically motivated religious messages (slogans, logos, claims, etc.) or any public use by political parties, political and religious organizations, lobbying institutions, think tanks, action committees, etc. (including use for political branding and/or design purposes) is subject to a prior request to and, the express agreement of ABC.
3.16 ADDITIONAL USAGE
Any usage not identified in this License, or in any future technologies yet to be invented, may be subject to additional licensing. This also applies to holders of Font Software licenses predating such requirement who wish to use the font software for such purposes.
4 EXCLUSION OF OTHER USAGE
This License is specific to you. Subject to the provisions of this License, selling, lending or otherwise transferring the Font Software to third parties is strictly prohibited. In addition, transferring the Font Software to third parties as a component or sub-component of other products, e.g., electronic documents or sub-licenses, is also strictly prohibited.
Subject to the provisions in subsection 4.3 of this License Agreement, the following is strictly prohibited: any reproduction, adaptation, translation, alteration, or creation of derivative software using any data contained within the Font Software or the design embodied therein. The Licensee may not reverse engineer, decompile, decrypt, disassemble, nor seek to discover the source code of the Font Software. Modifying the Font Software or the design embodied therein is prohibited, even of personal design activities. If the Licensee needs to make modifications, consent, and permission must be obtained in writing from ABC, which is under no obligation to allow such rights. Non-compliance with this provision voids any and all support rights and warranties granted by ABC and represents a violation and breach of this license agreement. You expressly agree that all modifications to the Font Software or the design embodied therein together with any trademarks or trade names, shall be the exclusive property of ABC. Changing or modifying the Font/Trademark names with the Font Software including as tags or identifying data in the Font Software in any form or manner is expressly prohibited. If such changes or modifications become necessary, prior written consent must be obtained from ABC.
Exceptions to subsection 4.2 of this License Agreement are only permitted as is required and limited to being essential to obtaining the necessary information for establishing interoperability of the software with other programs, provided this information is neither published nor accessible in any other form, AND if the Licensee is unable to obtain said information from ABC directly. In such a circumstance, the Licensee agrees to inform ABC in writing which portions of the software the Licensee is seeking to decompile, prior to engaging in such activity.
5 WARRANTY AND LIABILITY
If the Font Software is defective, you agree to inform ABC within 30 (thirty) calendar days after downloading or receiving the font software and ABC will provide you with replacement Font Software. To make a warranty claim, the Licensee must inform ABC within 30 (thirty) calendar days from discovery date and must return the font software, including a copy of the sales receipt, to ABC within the 90-day warranty claim period after downloading or receiving the font software. Should the Font Software not be essentially free from material defect in accordance with the documentation, the entire and exclusive liability of ABC and your sole remedy shall be limited at ABC to either the replacement of the Software or the refund of the license fee that the Licensee prepaid for the Software, either as ABC may solely choose. The foregoing states the sole and exclusive remedies for ABC or its suppliers’ breach of warranty. Software is never completely error-free. The Font Software may therefore contain minor errors which could affect functionality and operation (minor defects). Warranty claims for such minor defects are excluded.
5.2 INTELLECTUAL PROPERTY AND INFRINGEMENT
ABC limits any representations and warrantees that (a) the font software, or its permitted use, does not and will not give rise to or result in any credible claim of infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) ABC has the right to license the Font Software to Licensee under the terms and conditions of this License
5.3 LIMITATION OF LIABILITY / EXCLUSION OF ANY REMEDIES AGREEMENT.
If any third party raises such a credible infringement claim, the licensee must inform ABC immediately, comprehensively and in writing, sufficient to enable ABC to review and respond to any such credible claim. ABC may, at its expense and choice, (i) modify or exchange the Font Software to render no longer subject to any such claim or (ii) replace the Font Software or any portion thereof with equally suitable and equivalent non-infringing data. If none of the foregoing is commercially practicable, ABC shall be entitled to terminate the Agreement and refund a pro-rata amount of the prepaid License Fee paid hereunder. Any liability of ABC for any indirect, incidental, or consequent damage or lost profit is expressly excluded. This section sets forth the full extent of ABC’s liability to the Licensee and Licensee’s sole remedies with respect to any third-party claims under this License Agreement.
6.1 TERMINATION FOR BREACH
If the Licensee breaches any term or condition of this License Agreement, ABC shall have the right to terminate the Agreement. In such a circumstance, the license and right of use is terminated with immediate effect. Breach shall mean any non-conformity to the terms and conditions of this License Agreement that cannot be quickly and easily capable of remedy.
6.2 TERMINATION IN CASE OF MINOR BREACH
Where a breach is minor and capable of remedy, the Licensee will be advised by ABC in writing (e.g., email) detailing the specificity of the breach. ABC shall have no obligation to send any such notice and ABC’s failure to notice a breach and/or send such a notice . In the event of a breach the parties may agree (i) revise this License Agreement to include such breaching use and adjust the usage fee to provide ABC an appropriate license fee, or (ii) the Licensee will cease use within 10 (ten) days and pay ABC ETC a reasonable fee for the period of the usage (see 2.7, paragraph 2 of this agreement). If a breach has not been rectified to the complete satisfaction of ABC within 10 (ten) days of receipt of such notification, ABC has the right to terminate the Agreement, the license and the right of use with immediate effect.
6.3 TERMINATION CONDITIONS
In any case of termination, the Licensee’s usage rights of the font software, guaranteed under this EULA, shall become immediately null and void and no further use of the font software shall be allowed. ABC reserves all rights under law and equity.
7 FINAL TERMS
This License Agreement (EULA) constitutes the entire agreement between the parties. No further oral agreements have been made on this subject matter. Amendments to this License Agreement or extensions to the rights licensed under this Agreement to these terms shall be in writing.
ABC reserves the right to modify at any time the terms and conditions of this EULA. Such changes in the EULA are made public through their publication on the website abc-etc.com.
7.3 VALIDITY OF AGREEMENT
The invalidity or inoperativeness of one or more provisions of this License Agreement shall not affect the validity of the rest of this Agreement and the remaining provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the Parties.
This Agreement shall be interpreted, construed, and enforced under the laws of the State of New York, USA, as they apply to an agreement negotiated and entered into within the State of New York, USA. The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) as well as the United Nations Convention on the Law applicable to International Sales of Goods (Den Haag 1955) shall not apply. If ABC is obligated to go to court to enforce any of its rights, the Licensee agrees to reimburse ABC for its costs, legal fees, and disbursements if ABC is successful.
The parties expressly consent to the personal jurisdiction of the state and federal courts of the State of New York. Licensee agrees that the United States District Court for the Southern or Eastern District of New York located in New York City are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
8.1 UNAUTHORIZED ACCESS
The Licensee is obliged to undertake all necessary steps to prevent unauthorized access to the font software and to any copies of such.
8.2 LICENSE COMPLIANCE
The Licensee agrees to inform employees and representatives, and anyone who is granted access to the Font Software of the terms and conditions of this License Agreement.
This End User License Agreement is a contract between you (the “End User,” “Customer,” “Licensee”) and ABC ETC INC. (“ABC”). Upon payment and download of any ABC Artwork (“Artwork”), you accept that any Artwork product is licensed as non-refundable and non-returnable. In case the Artwork has any technical defects, you agree to contact ABC within 30 (thirty) calendar days after downloading, and you will be provided with a replacement file. Your statutory rights as a consumer are not affected.
END USER LICENSE AGREEMENT
These terms and conditions form a part of any proposals and serve as the licensing basis for all deliveries and services of ABC. Any user of abc-etc.com, any Licensee of ABC Artworks or other deliverables and any other person or company using our Artworks, deliverables or services of ABC is bound to the terms and conditions in this EULA. By buying, ordering, storing, opening, providing access to, or using ABC Artworks, or by using the abc-etc.com website you agree to the Terms and Conditions of this EULA. If the Licensee refuses to accept the terms and conditions of this License Agreement, they are not permitted to download, access, and/or use the Artworks. You expressly agree that you thoroughly and carefully read this License Agreement.
“Artwork” means all types of visual content, including without limitation still photography, motion film or video, 3-D graphics, digital environments, animations, digital models, and may include audio elements, whether generated optically, electronically, digitally or by any other means, and shall include all metadata, keywords, descriptions and captions associated therewith. Any reference to a part of an Artwork shall be deemed a reference to the entire Artwork. “Invoice” means the price identified in an agreement provided by ABC or an a authorized distributor that includes among other terms, the Artwork selected, the identified ONE PROJECT and the LICENSEE fee.
2 LICENSE TERMS
Upon payment in full and subject to the terms of this License Agreement, ABC grants Licensee, subject to the ONE PROJECT limits identified herein a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, and right to create derivative works with respect to Artwork identified on Company’s Invoice, an unlimited number of times, in any and all media for all uses other than as restricted herein. All other rights to the Artwork, software and accompanying materials (if applicable), including without limitation, copyright, trademark, trade dress and all other rights, are retained by ABC. All rights not specifically granted herein are retained by ABC. Unless explicitly stated and permitted in an invoice, licensee shall not be entitled to use an Artwork in connection with or as the basis for an immutable digital asset intended for sale, including, but not limited to non-fungible tokens (“NFTs”).
Licensee may alter, crop, modify or adapt the Artwork. Licensee may make a back-up copy of the content for internal back-up purposes provided the ABC or copyright owner’s copyright notice and any image identifying information embedded with the digital file is retained within/with the file. Limited, temporary transfers of the Artwork are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this Agreement.
3 PARAMETERS / LIMITATIONS TO USE / ONE PROJECT ONLY
Our licenses are perpetual, you only pay the license fee once However, the use of the Artwork is limited to use in ONE PROJECT ONLY as noted in the license, details which provides the type of use information provided by the Licensee. The ONE PROJECT and its limits are described on the Invoice and below. If the parameters/scope of usage such as image size or type of usage (editorial/commercial) expands beyond the license’s specifications/limitations, you are required to update your license. If you want to use the same artwork on a different Project, you are required to buy a new license.
The Personal Usage is limited to: Non-commercial use of the Artwork for display on personal websites and computers, or making image prints or video copies for personal use. A license for personal usage may include other uses/purposes not listed here. If you believe your personal usage is suitable for a grant of a license to use the Artwork, contact ABC to discuss your project. The Artwork can be used an unlimited number of times across all media, but it cannot be re-used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Artwork may not be used in advertising. The Artwork may not be resold, relicensed, or sub-licensed. The personal use is restricted to the time limit identified in the License and/or receipt. Not by its subject, nor by its content.
For Editorial Usage One Project is limited to: One single article/publication/post in a magazine, newspaper, blog, publications of all types for non-commercial purpose. A license for One Project may include other uses/purposes not listed here. If you believe your One Project is suitable for a grant of a license to use the Artwork, contact ABC to discuss your project. The Artwork can be used an unlimited number of times within the same One Project for the article/publication/post across all media, but it cannot be re-used for a different article/Project, or a different publication or a different post. One article/publication/post is defined by a title and by an author. The editorial use is restricted to the time limit identified in the License and/or receipt. Not by its subject, nor by its content.
For Commercial Usage One Project is limited to: One single Project for a product/campaign/brand/product series or commercial items of all types. A license for One Project may include other uses/purposes not listed here. If you believe your One Project is suitable for a grant of a license to use the Artwork, contact ABC to discuss your project. The Artwork can be used an unlimited amount of times within the same One Project for the product/campaign/brand/product series across all media, but it cannot be re-used for a different product, a different campaign, or a different brand. One product/campaign/brand/product series is defined by a name of the product and by the time limit identified in the License and/or receipt. For Sub-Brand and Sub-products, you are required to buy a new license.
4 RESTRICTIONS ON USE
EXCEPT AS PROVIDED HEREIN, LICENSEE MAY NOT:
4.1 LICENSEE MAY NOT: Sublicense, sell, assign, convey or transfer any of its rights under this Agreement.
4.2 Without obtaining the prior written consent of ABC and the payment of an additional license fee, LICENSEE MAY NOT: Include or incorporate the Artwork in an electronic template intended to be used by third parties on electronic or printed products, or where the purpose is to create multiple impressions or “on-demand” products, including but not limited to website designs, presentation templates, electronic greeting cards, business cards, t-shirts, mugs, calendars, posters, screensavers or wallpaper for mobile devices, goods for sale nor any other electronic or printed matter, without obtaining a license for such purpose.
4.3 LICENSEE MAY NOT: Sell, license, or distribute its final product in such a way that permits Licensee’s end users to extract or access the Artwork as a stand-alone file/software.
4.4 LICENSEE SHALL NOT: Incorporate the Artwork into a logo, trademark or service mark or business identity whether registered or unregistered.
4.5 LICENSEE MAY NOT: Distribute, post or upload the Artwork (s) online in a downloadable format or enable it to be distributed via mobile devices.
4.6 LICENSEE SHALL NOT: Use any Artwork in a pornographic, defamatory, libelous, or otherwise illegal manner, or in a manner that causes harm to a third party, whether directly or in context or juxtaposition with other subject matter and materials.
4.7 LICENSEE SHALL NOT: With respect to the software associated with the Artwork on the storage media, decompile, reverse engineer, disassemble or otherwise reduce the software or Artwork data to a human readable form.
4.8 LICENSEE SHALL NOT: Use any of the Artwork in any manner prohibited by any export laws, restrictions, or regulations. Licensee is responsible for its own compliance with technology export laws, rules, and regulations.
4.9 LICENSEE SHALL NOT: Falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work/Artwork that derives a substantial part of its artistic components from the Artwork. No permission is granted for the creation of derivative works, nor any attempt to create a new work with transformative efforts. ABC or its licensors expressly retain all rights under copyright law including all Artist’s Rights thereunder.
ABC has exercised commercially reasonable efforts to ensure that the Artwork can be used. Notwithstanding, LICENSEE shall be solely responsible for determining whether the Artwork and any release therefore, if any, is sufficient for the proposed use or is required in connection with any proposed use of such Image(s). LICENSEE acknowledges that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. ABC expressly revokes any responsibility for erroneous or incomplete caption information.
ABC Indemnity. Provided Licensee is not otherwise in breach of this Agreement and subject to Section 7, as Licensee’s sole and exclusive remedy for any breach of the representations and warranties made herein, ABC shall indemnify and hold harmless Licensee and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorney fees), arising out of or connected with any actual lawsuit or legal proceeding alleging that ABC is in breach of its warranties set forth herein. No other indemnification including, but not limited to, penalties, lost profits or other damages under law or equity, is offered by ABC under the Agreement. Licensee Indemnity. Licensee agrees to defend, indemnify and hold ABC and its and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and costs), arising out of or as a result of claims by third parties relating to Licensee’s use of any Image(s) outside the scope of this Agreement, the Licensee’s License or any other breach by Licensee of this Agreement.
7 WARRANTIES AND LIMITATIONS
ABC represents that it has the right to grant the license herein and warrants the Artwork to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Artwork File or refund of the purchase price, at ABC’s option.
COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE’S USE OF THE ARTWORK, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF OR INABILITY TO USE THE Artwork (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE ARTWORK.
8 PAYMENT TERMS
The price for the License to use the Artwork, is specified in the Invoice. No licenses are granted until full payment of ABC’s invoice is received. Unless credit terms have specifically been agreed directly between ABC and the Licensee, Payment of ABC’s invoices must be received on the sooner of Thirty (30) days of its date net, without any discounts, or prior to the publication of any Image. The licensee agrees to pay ABC a service charge of 1.75% percent per month on any unpaid balance after this time period for the use of the Image. ANY DISPUTES CONCERNING THE INVOICE MUST BE SUBMITTED IN WRITING, WITHIN FIFTEEN (15) BUSINESS DAYS OF THE INVOICE DATE, OR THE LICENSEE SHALL BE DEEMED TO HAVE ACCEPTED THE INVOICE AS ISSUED.
9 CANCELLATION POLICY
All licenses are final; no refunds or credits shall be allowed.
10 COPYRIGHT INFRINGEMENT
In the event that the Licensee utilizes any Image without a License or prior to the granting of a License, ABC reserves the right to seek damages through legal means unless the licensee agrees to reimburse ABC, as liquidated damages, a sum equal to five (5) times the market value price charged for such use of an Image.
If the licensee fails to make the payment as outlined above, within 60 days of COMPANY’S invoicing such fee, ABC expressly reserves the right to bring an action for infringement, including attorneys’ fees and all associated costs. Licensee/End User expressly agrees that damages in such a matter are difficult an impossible to estimate and that the harm to ABC is irreparable and ABC shall be entitled to seek injunctive relief without the obligation of bond to prevent the further use of the Artwork.
Any License shall terminate automatically without notice from ABC if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Artwork, (ii) destroy or, upon the request of ABC, return the Artwork to ABC, and (iii) delete or remove the Artwork from Licensee’s premises, computer systems and storage (electronic or physical).
ABC reserves the right to revoke the license to use any Artwork for good cause and elect to replace but without an obligation for the same, such Image with an alternative Image. Upon notice of any revocation of a license for any Artwork, Licensee shall immediately cease using such Artwork, shall take all reasonable steps to discontinue use of the replaced Artwork in products that already exist and shall inform all end-users and clients of same. If the Image(s) is used on a social media or other third-party website; the Artwork may only be used as part of another work and not as a stand-alone file; and any rights shall automatically be revoked in the event that the third-party website seeks to exploit purported rights to the Artwork contrary to the terms of this Agreement.
LICENSEE shall be responsible for its own tax obligations including VAT taxes, if applicable.
No action of ABC, other than express written waiver, may be construed as an ongoing waiver of the particular provision or of any other provision of this Agreement.
15 TERMS OF AGREEMENT
15.1 AGREEMENT: This License Agreement (EULA) constitutes the entire agreement between the parties. No further oral agreements have been made on this subject matter. Amendments to this License Agreement or extensions to the rights licensed under this Agreement to these terms shall be in writing.
15.2 CHANGES: ABC reserves the right to modify at any time the terms and conditions of this EULA. Such changes in the EULA are made public through their publication on the website abc-etc.com.
15.3 VALIDITY OF AGREEMENT: The invalidity or inoperativeness of one or more provisions of this License Agreement shall not affect the validity of the rest of this Agreement and the remaining provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the Parties.
15.4 DISPUTES: This Agreement shall be interpreted, construed, and enforced under the laws of the State of New York, USA, as they apply to an agreement negotiated and entered into within the State of New York, USA. The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) as well as the United Nations Convention on the Law applicable to International Sales of Goods (Den Haag 1955) shall not apply. If ABC is obligated to go to court to enforce any of its rights, the Licensee agrees to reimburse ABC for its costs, legal fees, and disbursements if ABC is successful.
15.5 JURISDICTION: The parties expressly consent to the personal jurisdiction of the state and federal courts of the State of New York. Licensee agrees that the United States District Court for the Southern or Eastern District of New York located in New York City are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
16 LICENSE COMPLIANCE
The Licensee agrees to inform employees and representatives, and anyone who is granted access to the Artwork of the terms and conditions of this License Agreement.
Terms & Conditions
All users of abc-etc.com, any Licensee of ABC ETC Font Software and ABC ETC Artwork or other deliverables and any other person or company using Font Software, deliverables or services of ABC ETC INC are bound to the terms and conditions in the ABC ETC EULA. By buying, ordering, storing, opening, providing access to or using ABC ETC Font Software and ABC ETC Artwork, by opening the packaging containing our typefaces, artwork or deliverables or by using the abc-etc.com website you agree to the Terms and Conditions in the ABC ETC EULA.
Any use of our website is subject to USA law. The place of jurisdiction for all legal disputes pertaining to this contract is the city of Brooklyn, NY USA.
Please note that the general End User License Agreement is subject to continuous evolution and change, as the terms and conditions are reflecting the state of technological developments of font usage in a fast-changing media landscape. Any future uses of typefaces may be subject to additional licensing, which will also apply to existing license holders.
The design of this website and any material published on it is copyrighted by ABC ETC and/or ABC ETC’s associated designers and artists, unless otherwise stated. No part of this website may be reproduced, re-published, re-posted on the internet, stored or disseminated without written permission by ABC ETC.
Any content, screen renderings or files copied from abc-etc.com may be used for presentation purposes only, and must be credited to ABC ETC. No further use is allowed.
Registered office and legal seat:
ABC ETC INC
445 Henry Street #2
Brooklyn 11231 NY USA
All content © ABC ETC INC 2018–2022 • All rights reserved
When you buy any of our products from the store, you will be asked to provide certain personal information, as part of the buying and selling transaction. The collected information are:
• Your Name
• Your Email Address
• Your Billing Address
When we receive a request to use our Trials, we will also collect your email address. Browsing our website, allow us to automatically receive your computer’s internet protocol (‘IP’) address.
Third Party Services
For further questions, suggestions or comments regarding the collected, processed and used personal data by us, please contact get in touch with us at: info[at]abc-etc.com
ABC ETC INC. reserves the right to modify, supplement or delete the content of these pages at any time without prior notice or explanation of reasons.
ABC ETC INC. nor other parties engaged in the creation, design and provision of abc-etc.com accept liability for any direct losses, indirect losses, consequential losses or other losses – regardless of whether it be due to non-compliance of contractual obligations, through negligence or any another illegal act – as a result of visits to, incorrect usage of abc-etc.com or due to errors, mistakes or omissions in the content.
E-mails or forms sent via the Internet are neither confidential nor secure and can be viewed and modified by third parties. ABC ETC INC. shall not be liable for damages arising from messages sent to it via unsecured e-mail or other messages sent electronically (SMS, etc.).
ABC ETC INC.
445 Henry Street #2, 11231 Brooklyn NY USA