Need help with an EULA.

Goran Soderstrom's picture

Hello,

I wonder if any kind soul could share or know if I could get a hold of some short basic EULA. It’s for a free font that I will give away for free on my own website.

So nothing fancy is needed. I only want to say the most basic stuff. Everything is allowed when it comes to using the font etc, but not further sales or distribution in any form.

Thanks in advance!

Si_Daniels's picture

You could use this EULA as the basis - http://www.microsoft.com/typography/fontpack/eula.htm

Need to modify it to restrict redistribution.

Goran Soderstrom's picture

Thanks you very much, Simon :)

laura meseguer's picture

I wonder which is the best way to build an EULA from zero. Could you advise me what to do? I know that reading the existing ones is useful, but, copying an existing one is licit? Are there any other models apart from the Microsoft one?

Thanks, Laura

Si_Daniels's picture

There was an effort a few years back while Bill Davis was still at Monotype to promote some standardized wording. Might want to look into that - I suggested the old web fonts EULA because it was for 'free fonts', Bill's model EULA would be for fonts with a fee.

Miss Tiffany's picture

Village also offered their EULA up for use ... somewhere in these forums ... let's see if I can find it. I think it is somwhere within this thread.

dan_reynolds's picture

Doesn't MyFonts have a standard EULA for customers to use? Maybe you could take that?

Si_Daniels's picture

>I wonder which is the best way to build an EULA from zero.

I've been thinking about this. We have a tool here where you answer a series of questions and out pops a EULA. Unfortunately I have to go to the paralegals office to answer the questions (maybe they don't trust me or maybe it's a Washington State Bar rule?) also some of the questions don't relate well to fonts.

But given the work that's already been done to encode the EULA (by FontLab et al) it should be possible to answer a set of questions and have a EULA pop out - sounds like a great project for MyFonts, FontLab or someone else to tackle.

Of course the lawyers will hate this, but realistically they should spend their time going after the bad guys and not writing EULAs.

Goran Soderstrom's picture

Just thought I show the final EULA, how it became. It’s really a mix of the Microsoft Eula (Thanks Sii), my own words and some inspiration from a couple of others I found around.

http://www.autodidakt.se/pdf/Autostyler_EULA.pdf

Is it working, you think?

Si_Daniels's picture

Not sure if it would stand up in court but it looks good to me. I wonder if you want to mention modification - you say the font can't be renamed (which is good form a TM protection standpoint) but don't mention other forms of modification. Also no mention of embedding.

Cheers, Si

dezcom's picture

Embedding is a really important issue that each EULA should address.

ChrisL

Miss Tiffany's picture

- I agree you need to clarify embedding even if you allow all forms of embedding. You need to also clarify modifications, again, even if you allow all forms of modifications.
- If Si gave you the MS EULA to start with don't be afraid to use it. It is far easier to explain a clause to a user than to not have something in your EULA to protect you.
- You didn't specify how many users could use the software.
- Can the user(s) use it on more than one device?

Goran Soderstrom's picture

Thanks for all replies :)

Since it is a free font that I threw together rather quickly I decided to give it for free as a marketing strategy. I practically want people to surf to my website, get to know that there is a new type studio "out there". To connect and make some contacts – and (as a reciever of the font said) – make the world a little happier place :)

All kinds of embedding is allowed if it means that the user can embedd the font in a PDF or Flash-file. Embedding is btw something that I feel should be allowed in every font we buy, I think it should be 100% legit to send a PDF with the embedded fonts in it, so everybody could see what the designer did (if that‘s what you mean). Otherwise it’s pretty meaningless to buy a font (in a users perspective) :) But maybe I miss something here? Are there other ways of embedding fonts?

I’m not really confident in what all this means, but modifications sounds in my ear that a user opens the font in Illustrator and maybe change a little of the curves to maybe do a logo. If that’s what embedding means, it is very much allowed. This is also something I feel should be legit to do with every font. I also work as a graphic designer and more than often when doing a logo I change small things to make it more unique. As long as you dont change the font itself and distribute it.
Practically i just wanted something that claims it’s not freeware but licenced by Autodidakt.

Regarding how many users could use the software; If the font is personal for the person who got it, isnt it obvious that the font is only for the user that gets it? Or do we have to be very clear in these matters?
The only thing I really want to prevent is that some "scam-person" or company makes a copy and distribute it further, or sell to make money. That is the only thing that I would get upset if someone does. Do you think that’s clear enough in the EULA?

I’m not very used with the "legal" terminology, and I also feel that if these kind of EULAs are to complicated, people just dont read them. I read the Village Eula and from a user point of view it was really great, I felt more sympathy for the font makers with an EULA like Village had. It was human in a nice way :)
I tried to make some kind of mix of that. Dont know if I succeded. Do you feel I should add something to the EULA?

Miss Tiffany's picture

Goran,

I should add that I'm not a lawyer and I can only make recommendations based on my own experience as user of EULAs.

To distribute your font as freeware is generous, and it could generate traffic to your site as well. But, a few more thoughts for you to consider:

- You should create a section in your EULA for embedding and then define it. Something simple such as Embedding is allowed in portable document files (PDF) and shockwave files (SWF).

- Modifications in EULAs mostly (always) means opening the font in a program such as FontLab, making changing and regenerating a new font. Adobe allows for modifications, but they do not allow for distribution of the files. It might be useful for you to read Adobe's EULA (it is long, be prepared to read it calmly).

- You might consider a clause dis-allowing people sharing it for download anywhere. There are so many crappy free font sites out there your font will just get pulled along into the muck and you will also lose traffic to your site.

Adobe's Frequently Asked Questions About Font Licensing.

Goran Soderstrom's picture

You might consider a clause dis-allowing people sharing it for download anywhere. There are so many crappy free font sites out there your font will just get pulled along into the muck and you will also lose traffic to your site.

Yes I know, this is terrible. The part about the further distribution in my EULA – don’t you think this covers that specific problem as this is a kind of distribution?

Thanks for the help :) I’ve added the embedding part to the EULA.

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