An end-user license agreement, or EULA, is a binding contract between a font foundry and a user who licenses font data. The EULA outlines the conditions of usage for the font software application.
Desktop Font License
Required for type in documents for print and in mock-ups of design creations for websites, apps, etc. Choose the appropriate number of licenses based on the number of computers (CPUs) and locations the fonts will be installed on.
The EULA for Desktop Fonts does not allow you to convert the OpenType font files (.otf) to web font formats such as .woff, .woff2, .svg, and .ttf.
Web Font License
Required for font use in web pages for HTML styling and applied with the CSS @font-face rule. Self-hosted web fonts are available in the formats: .woff, and .woff2. Variable fonts can be served up on the web in the .woff2, and .ttf file formats.
Kontour web fonts are purchased once with no time limit (perpetual) for up to 100K monthly visitors. Web fonts are priced by the number of domains owned by one entity, and expected unique visitors of monthly (cumulative) page views. If your website gets more traffic than 100K unique visitors per month, a license upgrade applies, please contact Kontour for more information.
Kontour web fonts have been optimized for screen. However, the type sizes used for web fonts on displays is at the sole discretion of the user. Display behavior is influenced by screen resolution and browser technology, as well as the operating system in use.
Kontour web font licenses require using .htaccess to disallow hot linking the web fonts installed on a web server. Hot linking refers to linking directly to a non-html objects on a server, such as images, .js files, etc. Learn more about disallowing hot linking.
App Font License
An app license is obtained for the embedding or otherwise the inclusion of Kontour fonts in an app. App fonts are available in .ttf format. App fonts are perpetual licenses and not subscription based. Similar to web fonts, you (or your client) pay the license fee once and don’t need to renew it. If you (or the app developer) wish to use the fonts in additional apps, you are required to upgrade your license for an additional fee.
Other Font Licenses
Please contact Kontour for information about other font licensing not listed above such as, for example for server, corporate desktop and corporate web use, broadcast, eBooks embedded, unlimited use, among others.
DESKTOP FONT END USER LICENSE AGREEMENT
Please read this agreement before installing or using the font software described in the Order Invoice (collectively “the Fonts”) and owned, licensed, or distributed by Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights to the font software product.
This Desktop Font Software (“Font Software”) and accompanying documentation is licensed and not sold. This Font Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property, and IP assets. This Font Software End-User License Agreement (“Agreement”) is an agreement between Kontour and the party stated in the Order Invoice (“You” or “Your”) and governs what You can and cannot do with the Fonts. Your license to download, use, copy, or change the font software is subject to these rights and to the terms and conditions of this End User License Agreement (“Agreement”).
1. Acceptance and Termination
This is a legal Agreement. You agree to be bound by the terms of this Agreement by selecting, or clicking the area marked “I agree to this EULA” option and downloading the font software or by installing, or using the Font Software. You must agree to all of the terms of this Agreement before proceeding to download the Font Software. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law of equity, you agree to immediately return the Font Software to Kontour and certify that no copy remains in your possession or control.
2. Grant of License
If this license is purchased on behalf of your employer, the terms and conditions of this Agreement apply to your employer, as well as all representative of the employer. If you no longer work for your employer, you are no longer entitled to use the Kontour Font Software, however, your employer will continue to be the license holder. If you are the license holder and you are using the Kontour Font Software on behalf of a third party and/or employer, who will retain the font software, the third part, or your employer must purchase their own Kontour Font Software license.
This Agreement entitles you to install and use one copy of the Font Software at a single location. It is exclusively for the benefit of the user authorized under this Agreement. This Agreement does not permit the installation or use of multiple copies of the Font Software, or the installation of the software on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple use or installation is only allowed if you obtain an appropriate licensing Agreement for each user and each copy of the Font Software. If you hold multiple, validly licensed copies, you may not use, copy, or install the Font Software on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license. This License may only be used by You on computers You own and only up to the number of users specified in the Order Invoice.
3. Restrictions on Transfer
Without first obtaining the express written consent of Kontour Type, LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Font Software. You are permitted to convert the fonts to outline or bitmap images for the purpose of publishing electronic documents. To reproduce a particular document at a commercial printer, or service bureau, you can supply non-editable artwork in PDF format or outline format. If the service bureau needs to install the fonts on their computers, they will need to purchase a separate license. Please inquire with Kontour for a service bureau license.
4. Restrictions on Use
You may not decompile, “reverse-engineer,” disassemble, or otherwise attempt to derive the source code for the Font Software. You may not use the database portion of the Software Product in connection with any software other than the Font Software. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
5. Restrictions on Alteration and/or Artificial Intelligence AI
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to alterations based upon the original Font Software. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away with the express written permission of Kontour. Kontour shall not be responsible for or required to support unauthorized, modified and/or regenerated software or derivative works. You may not train any AI or machine learning algorithm using the Font Software, or to programmatically process, examine, upload, or submit the Font Software for purposes of training artificial intelligence or machine learning technologies.
6. Restrictions on Copying
You may not copy any part of the Font Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy of the Font Software, which may be stored on a medium other than a computer hard drive. The archival copy may only be used for the reinstallation of the Font Software.
7. Embedding Restrictions
The embedding of Kontour Font Software in PDF documents, and other electronic documents are limited to a secured, read-only mode, provided that the extraction of the Font Software is prohibited. Any other term of this license requires the purchase of and shall be governed by a separate license Agreement. For the purposes of this Agreement “embedding” shall be defined as the temporary duplication of the Font Software in formats that include, but not limited to (past) Web Embedding Font Technology or other formats now in existence as well as new formats that may be created in the future. OpenType (“.otf”) font files shall never be uploaded, or remain, on any web server of any organization, all such actions are expressly prohibited. Please inquire with Kontour for a Web or App font license. For electronic documents that are for the purpose of providing the display of text and graphics on e-book or e-reader type devices, please require about the purchase of an EPUB embedding license addendum.
8. INTELLECTUAL PROPERTY OWNERSHIP
Kontour Type is the Owner of the Font Software. You acknowledge and agree that the Font Software and the typeface designs rendered by the Font Software are the exclusive property of Kontour. This license grants limited right to use the Font Software only. It does not grant any permanent ownership right in the Font Software or the typeface designs rendered by the Font Software. Kontour retains all worldwide rights, titles and interests, including all copyright, patents, trademarks, trade secrets and intellectual property rights therein. All rights not expressly granted by this License are reserved to Kontour.
9. Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KONTOUR TYPE, LLC, KONTOUR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Kontour makes no warranty that the Font Software will meet your requirements or operate under your specific conditions of use. Kontour makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The Font Software and related documentation is provided “AS IS” and without warranty of any kind.
YOU MUST DETERMINE WHETHER THE FONT SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FONT SOFTWARE TO MEET YOUR REQUIREMENTS. KONTOUR TYPE, LLC, WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL KONTOUR TYPE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE FONT SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KONTOUR OR ANY OTHER PARTY, EVEN IF KONTOUR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KONTOUR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
10. Limitation
All limited warranties on the Font Software are granted only to you and are non-transferable. You agree to indemnify and hold Kontour harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
11. Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Texas, without regard to Texas’ conflict or choice of law provisions. You shall be responsible for compliance with all laws, foreign and domestic, including but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.
In the event that any dispute or claim arises out of this Agreement, You agree to attempt in good faith to negotiate a resolution of the matter with Us for at least 45 calendar days before pursuing any other remedy.
You shall pay Our reasonable attorneys’ fees, costs, and expenses incurred in connection with an audit, investigation, or action or proceeding arising from Your breach of this Agreement.
12. Severability
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Licensor with a valid and enforceable provision that most closely effects the intent of the invalid provision.
WEB FONT END USER LICENSE AGREEMENT
Please read this agreement before installing or using the font software described in the Order Invoice (collectively “the Fonts”) and owned, licensed, or distributed by Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights to the font software product.
This Web Font Software (“Web Font Software”) and accompanying documentation is licensed and not sold. This Web Font Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property, and IP assets. Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights in the Web Font Software product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Web Font Software is subject to these rights and to the terms and conditions of this End User License Agreement (“Agreement”).
1. Acceptance and Termination
This is a legal Agreement. You agree to be bound by the terms of this Agreement by selecting, or clicking the area marked “I agree to this EULA” option and downloading the Web Font Software or by installing, and using the Web Font Software. You must agree to all of the terms of this Agreement before proceeding to download the Web Font Software. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law of equity, you agree to immediately return the Web Font Software to Kontour and certify that no copy remains in your possession or control.
2. Grant of License
If this license is purchased on behalf of your employer, the terms and conditions of this Agreement apply to your employer, as well as all representative of the employer. If you no longer work for your employer, you are no longer entitled to use the Kontour Font Software, however, your employer will continue to be the license holder. If you are the license holder and you are using the Kontour Font Software on behalf of a third party and/or employer, who will retain the font software, the third part, or your employer must purchase their own Kontour Font Software license.
This Agreement entitles you to install and use ONE copy of the Web Font Software at a single location. This license allows you to use the Fonts as self-hosted web fonts, hosted on the domain stated when you downloaded the Fonts, to style HTML and SVG documents using the CSS @font-face mechanism. It is exclusively for the benefit of the user authorized under this Agreement. This Agreement does not permit the installation or use of multiple copies of the Web Font Software, or the installation of the software on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple use or installation of the Web Font Software is only allowed if you obtain an appropriate licensing Agreement for the specific number of domains controlled by one entity and total traffic, measured in monthly web page views. If you hold multiple, validly licensed copies, you may not use, copy, or install the Web Font Software on any system with more than the number of domains and web page views permitted by license, or permit the use, copying, or installation by more users, or on more computers and domains than the number permitted by the license. This license permits the Kontour Web Fonts to be rendered on a limited number of primary web domains, as by your selection of the combined number of domains and monthly page views. Should the monthly page view exceed this number, you must purchase a license upgrade by contacting Kontour.
The Kontour Web Font Software may not be shared between entities. Each additional entity must purchase a separate license to be used in accordance with the terms of the Kontour Type Web Font Software license. License upgrades may be purchased at any time by contacting us at kontour.com.
3. Restrictions on Transfer
Without first obtaining the express written consent of Kontour Type, LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, hotlink, or otherwise transfer your rights to the Web Font Software. This License does not extend to third parties. If You are using the Fonts for the creation of a website not owned by You, You or the owner of the website must purchase appropriate licenses to cover their use of the Fonts. You are responsible for any liability arising from Your inclusion of Fonts in websites or other platforms or materials not owned by You.
4. Restrictions on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Font Software. You may not use the database portion of the Software Product in connection with any software other than the Web Font Software. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
5. Restrictions on Alteration and/or Artificial Intelligence AI
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to alterations based upon the original Web Font Software. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away with the express written permission of Kontour Type, LLC. Kontour shall not be responsible for or required to support unauthorized, modified and/or regenerated software or derivative works. You may not train any AI or machine learning algorithm using the Font Software, or to programmatically process, examine, upload, or submit the Font Software for purposes of training artificial intelligence or machine learning technologies.
6. Restrictions on Copying
You may not copy any part of the Web Font Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make ONE archival copy of the Font Software, which must be stored on a medium other than a computer hard drive. The archival copy may only be used for the reinstallation of the Font Software.
7. Embedding Restrictions
The embedding of Kontour Web Font Software in PDF documents, and any other electronic documents is limited to a secured, read-only mode, provided that the extraction of the Web Font Software is prohibited. Any other term of this license, requires the purchase of and shall be governed by a separate license Agreement. For the purposes of this Agreement “embedding” shall be defined as the temporary duplication of the Web Font Software in formats that include, but not limited to (past) Web Embedding Font Technology, or other formats now in existence, as well as any other format that may be created in the future. OpenType (“otf”) font files shall never be uploaded, or remain, on any web server of any organization, all such actions are expressly prohibited. The (“.woff”, and “.woff2”) fonts may be used with a web font styling technology such as @font-face, and remain on the same server as the Licensor’s web site only. However, every effort shall be made to NOT provide third-party access to the Font files. You must prevent third party access by any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Fonts by unlicensed parties is strictly prohibited. For more information and instructions please go to: https://kontour.com/eula_features.html and carefully read the “start_here.txt” file included in each webfont package.
8. Editable Use
The use of the Fonts for web forms is permitted. However, any other editable use of the Fonts, such as in templates or for use in the creation of customizable designs or products requires the purchase of a separate license.
9. Changing Domain and Use for Subdomains
If You wish to change the domain that the web fonts are used on, you must notify Us via email prior to changing the domain. The new domain must be owned by the same licensee on the Order Invoice. The License will transfer to the new domain after we notify you of the approved change request. You may use the Fonts on subdomains of the licensed domain.
10. Kontour Type is the Owner of the Font Software
You acknowledge and agree that the Font Software and the typeface designs rendered by the Font Software are the exclusive property of Kontour. This license grants limited right to use the Font Software only. It does not grant any permanent ownership right in the Font Software or the typeface designs rendered by the Font Software. Kontour retains all worldwide rights, titles and interests, including all copyright, patents, trademarks, trade secrets and intellectual property rights and assets therein. All rights not expressly granted by this License are reserved to Kontour.
11. Disclaimer of Warranties and Limitation of Liability
KONTOUR TYPE, LLC DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES KONTOUR’S BREACH OF WARRANTY. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KONTOUR TYPE, LLC, KONTOUR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Kontour warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website. Kontour makes no warranty that the Web Font Software will meet your requirements or operate under your specific conditions of use. Kontour makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The Web Font Software and related documentation is provided “AS IS” and without warranty of any kind.
YOU MUST DETERMINE WHETHER THE WEB FONT SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE WEB FONT SOFTWARE TO MEET YOUR REQUIREMENTS. KONTOUR TYPE, LLC, WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL KONTOUR TYPE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE FONT SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KONTOUR OR ANY OTHER PARTY, EVEN IF KONTOUR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KONTOUR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
12. Limitation
All limited warranties on the Web Font Software are granted only to you and are non-transferable. You agree to indemnify and hold Kontour Type, LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
13. Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Texas, without regard to Texas’ conflict or choice of law provisions. You shall be responsible for compliance with all laws, foreign and domestic, including but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.
14. Severability
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Licensor with a valid and enforceable provision that most closely effects the intent of the invalid provision.
MOBILE APPLICATION FONT END USER LICENSE AGREEMENT
Please read this agreement before installing or using the font software described in the Order Invoice (collectively “the Fonts”) and owned, licensed, or distributed by Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights to the font software product. This Mobile Application Font Software (“App Font Software”) and accompanying documentation is licensed and not sold. This App Font Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property, and IP assets. Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights in the App Font Software product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the App Font Software is subject to these rights and to the terms and conditions of this End User License Agreement (“Agreement”).
1. Acceptance and Termination
This is a legal Agreement. You agree to be bound by the terms of this Agreement by selecting, or clicking the area marked “I agree to this EULA” option and downloading the App Font Software or by installing, and using the App Font Software. You must agree to all of the terms of this Agreement before proceeding to download the App Font Software. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law of equity, you agree to immediately return the App Font Software to Kontour Type, LLC and certify that no copy remains in your possession or control.
2. Grant of License
If this license is purchased on behalf of your employer, the terms and conditions of this Agreement apply to your employer, as well as all representative of the employer. If you no longer work for your employer, you are no longer entitled to use the Kontour Font Software, however, your employer will continue to be the license holder. If you are the license holder and you are using the Kontour Font Software on behalf of a third party and/or employer, who will retain the font software, the third part, or your employer must purchase their own Kontour Font Software license.
This Agreement entitles you to embed the Font Software in the Apps according to your order for the exclusive use of styling dynamic, static or editable text in one compiled application. The App may be distributed as such to end-users. You must control the content of the App and own the specific App. The Font Software must be embedded in a secure manner so that it cannot be extracted in any manner, or accessed outside from the App. This License may only be used by You, at the Licensee Size specified in the Order Invoice. For clarification, a single App is defined as one functionally equivalent software application that may be developed for multiple operating systems, such as MacOS, Windows, iOS, Android, or Windows Phone. You can add additional Mobile Apps to your license by a license upgrade and an additional fee. License upgrades may be purchased at any time by contacting Kontour.com.
The use of the Fonts for static, dynamic or editable text is permitted. However, providing the ability for a user of the App to edit text using the Fonts is not allowed if the result is a new document such as a personalized invitation or greeting card, customized product, or any other material for use outside of the App. You shall not use the Fonts as a tool or resource for third parties to create customized products, documents, or other material.
This License does not extend to third parties. If You are using the Fonts for the creation of an App for a third party, You or the third party must purchase appropriate licenses to cover their use of the Fonts. You are responsible for any liability arising from Your inclusion of Fonts in applications not owned by You.
3. Restrictions on Transfer
Without first obtaining the express written consent of Kontour Type, LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, hotlink, or otherwise transfer your rights to the App Font Software.
4. Restrictions on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Font Software. You may not use the database portion of the Software Product in connection with any software other than the App Font Software. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
5. Restrictions on Alteration and/or Artificial Intelligence AI
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to alterations based upon the original App Font Software. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away with the express written permission of Kontour Type, LLC. Kontour shall not be responsible for or required to support unauthorized, modified and/or regenerated software or derivative works. You may not train any AI or machine learning algorithm using the Font Software, or to programmatically process, examine, upload, or submit the Font Software for purposes of training artificial intelligence or machine learning technologies.
6. Restrictions on Copying
You may not copy any part of the App Font Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make ONE archival copy of the Font Software, which must be stored on a medium other than a computer hard drive. The archival copy may only be used for the reinstallation of the Font Software.
7. Restrictions on Editable Use of Font Software
You may not embed the Font Software in any Mobile App that allows end users to use the Font Software in editable text or documents for the sole purpose of creating templates, or customized products. If such functionality is required, a separate license must be obtained from Kontour at an additional fee. True Type font files (“.ttf”) supplied for functioning in Apps, shall never be uploaded, or remain, on any server of any organization for Desktop use, all such actions are expressly prohibited. The (“.ttf”) fonts may be used by the Licensor in conjunction with an App and its font styling technology only, every effort shall be made to NOT provide third-party access to the Font files or misuse the license for purposes other than embed the Font Software in a Mobile App. Licenses for Desktop use, (“.otf”) fonts, must be purchased separately.
8. Kontour Type is the Owner of the Font Software
You acknowledge and agree that the Font Software and the typeface designs rendered by the Font Software are the exclusive property of Kontour Type, LLC. This license grants limited right to use the Font Software only. It does not grant any permanent ownership right in the Font Software or the typeface designs rendered by the Font Software. Kontour Type, LLC retains all worldwide rights, titles and interests, including all copyright, patents, trademarks, trade secrets and intellectual property rights therein. All rights not expressly granted by this License are reserved to Kontour Type, LLC.
9. Disclaimer of Warranties and Limitation of Liability
KONTOUR TYPE, LLC DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED APP FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES KONTOUR’S BREACH OF WARRANTY. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KONTOUR TYPE, LLC, KONTOUR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Kontour makes no warranty that the App Font Software will meet your requirements or operate under your specific conditions of use. Kontour makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The App Font Software and related documentation is provided “AS IS” and without warranty of any kind.
YOU MUST DETERMINE WHETHER THE APP FONT SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE APP FONT SOFTWARE TO MEET YOUR REQUIREMENTS. KONTOUR TYPE, LLC, WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL KONTOUR TYPE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE FONT SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KONTOUR OR ANY OTHER PARTY, EVEN IF KONTOUR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KONTOUR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
10. Limitation
All limited warranties on the App Font Software are granted only to you and are non-transferable. You agree to indemnify and hold Kontour Type, LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
11. Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Texas, without regard to Texas’ conflict or choice of law provisions. You shall be responsible for compliance with all laws, foreign and domestic, including but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.
12. Severability
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Licensor with a valid and enforceable provision that most closely effects the intent of the invalid provision.
TRIAL/TEST FONT END USER LICENSE AGREEMENT (EULA)
Please read this agreement before installing or using the font software described in the Order Invoice (collectively “the Fonts”) and owned, licensed, or distributed by Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights to the font software product. This Font Software End-User License Agreement (“Agreement”) is an agreement between Kontour and the party stated in the Order Invoice (“You” or “Your”) and governs what You can and cannot do with the Fonts. By installing, copying, or using any portion of the Fonts, You accept and agree to this Agreement. If You do not agree to all of the terms and conditions of this Agreement, do not use or complete the installation of the Fonts.
The Fonts are licensed, not sold. Obtaining a license to the Fonts gives You the right to use the Fonts in accordance with the terms of this Agreement and the order invoice You received when You purchased the License (the “Order Invoice” or “Purchase Receipt”). The Order Invoice is incorporated into and made part of this Agreement.
1. Grant Of Trial License
This Agreement grants You a non-exclusive license to use the Fonts on a free trial or paid test basis after Our receipt of Your payment if applicable and as specified in this Agreement and in the Order Invoice. A “Trial Basis” means use of the Fonts for: (i) testing, evaluation, and comparison purposes; (ii) noncommercial, academic projects; or (iii) private pitches and proposals for Your clients. Your license is limited to the Trial Basis uses and specifications as stated in this Agreement (“Permitted Uses”). Any other use requires a separate license from Us. The term is perpetual if not stated in the Order Invoice. The territory is worldwide if not stated in the Order Invoice. This non-exclusive license does not preclude Our right to license the Fonts to other users.
If you are uncertain whether your intended use fits within the definition of “Trial Basis,” please contact us prior to using the fonts. If you decide to continue using the fonts beyond the initial evaluation usage or to use them for other reasons, please purchase the appropriate license from us at Kontour.com.
Upon Our receipt of payment for the Order Invoice, Kontour grants You a nonexclusive, royalty free, non-assignable, non-sublicensable, and revocable license to use the Fonts for and subject to the Permitted Uses (“License”), provided that You: (i) shall not transfer, give access to, or distribute any part of any Fonts to any third party without Our prior written consent; (ii) shall not attempt in any way to emulate, mimic, or otherwise create a substitute for any Fonts, including outlining; and (iii) comply with this Agreement. Kontour may revoke this License if you breach this Agreement.
If You are a business entity obtaining the License for use by Your owners, employees, agents, or other representatives, You shall notify the representatives of the terms of this Agreement and ensure that such representatives abide by this Agreement.
2. Permitted Uses And Restrictions
You agree to follow the following terms and restrictions in this section. a. Copying. You may make a reasonable number of backup copies of the Fonts, provided Your backup copies are not installed or used for anything other than archival purposes. You may not transmit a copy of the Fonts to any third party, including commercial printers or service bureaus. b. No Modifications. You shall not create other font formats from, modify, or alter the source code of the Fonts for any reason. c. Restriction on Transfer. You may not rent, lease, sublicense, or assign any portion of the Fonts except as otherwise expressly stated in this Agreement. Likewise, You may not authorize any individual or legal entity to copy any portion of the Fonts onto that individual or entity’s computer. d. Security. You shall use commercially reasonable precautions to secure the Fonts and prevent unlicensed third parties from accessing or using the Fonts. e. Embedding. You and Your users may embed the Fonts for evaluation purposes into electronic documents for use on computers that are controlled by You provided that the electronic documents are for personal or internal business use, and only if the electronic documents are distributed in a secure format that allows only printing and viewing, and prohibits editing, enhancing, extracting, or modifying the text. Without the purchase of an additional license(s), You may not embed the Fonts into software or devices, except as defined above. For example, except as defined above, the Fonts may not be embedded into Your: hardware, software, or any editable files that may be accessed by computers that are not controlled by You. f. Contractors and Vendors. If the License is for a business, the License extends to the employees and agents within Your business specified in the Order Invoice, including Your internal contractors working within Your business, and only to the extent they are working under Your direction and control. You shall not share the Fonts with external contractors, affiliates, vendors, or other third parties outside the business entity specified in the Order Invoice. g. Web Use. If the Fonts and your Order Invoice include web fonts (files ending in WOFF and WOFF2), You may use the Fonts as self-hosted web fonts, hosted on domains used only for non-public testing purposes, to style HTML and SVG documents using the CSS @font-face mechanism. Any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Fonts by unlicensed parties is strictly prohibited.
3. Intellectual Property Ownership
Kontour Type is the Owner of the Font Software. Kontour retains ownership and all rights in and to the Fonts, and You acknowledge that You have no rights in or to the Fonts outside of the License. The Fonts, including the designs and software embodied in them, are subject to copyright and other intellectual property rights or licenses held by Us. No right, title, or interest in any Fonts, including any associated intellectual property, is transferred to You as a result of this Agreement. This license grants limited right to use the Font Software only. It does not grant any permanent ownership right in the Font Software or the typeface designs rendered by the Font Software. Kontour retains all worldwide rights, titles and interests, including all copyright, patents, trademarks, trade secrets and intellectual property rights therein. All rights not expressly granted by this License are reserved to Kontour.
4. Restrictions on Alteration and/or Artificial Intelligence AI
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to alterations based upon the original Font Software. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away with the express written permission of Kontour. Kontour shall not be responsible for or required to support unauthorized, modified and/or regenerated software or derivative works. You may not train any AI or machine learning algorithm using the Font Software, or to programmatically process, examine, upload, or submit the Font Software for purposes of training artificial intelligence or machine learning technologies.
5. Termination With Cause
Kontour may terminate this Agreement, including your License, immediately if You breach this Agreement. If the Agreement or License is terminated, You agree that You are not entitled to a refund, shall cease all use of the applicable Fonts, and shall immediately return or destroy all copies of the Fonts in Your possession. Termination of this Agreement does not preclude Us from seeking all legal or equitable remedies.
6. Governing Law, Jurisdiction And Dispute Resolution
You agree that this Agreement has been entered in and shall be governed by the laws of Texas, without regard to conflict of laws principles. You consent to the jurisdiction of the state and federal courts in Texas to enforce the provisions of this Agreement and to resolve any disputes arising out of or related to this Agreement or your use of the Fonts.
In the event that any dispute or claim arises out of this Agreement, You agree to attempt in good faith to negotiate a resolution of the matter with Us for at least 45 calendar days before pursuing any other remedy.
You shall pay Our reasonable attorneys’ fees, costs, and expenses incurred in connection with an audit, investigation, or action or proceeding arising from Your breach of this Agreement.
7. No Warranties, Limitation Of Liability And Indemnity
Kontour strives to produce the Fonts to the highest and most up-to-date technical standards. If You experience any difficulties with the Fonts and provide notice to Us of those difficulties within 90 days of the purchase date in the Order Invoice, Kontour will work with You to resolve any technical issues. If Kontour determines that the problem is a result of a technical failure of the Font software and it is not possible for Us to correct the problem within 10 business days after You notify Us of the problem.
You shall indemnify Us and Our owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with any breach or alleged breach by You of any of Your representations, warranties, covenants, or obligations under this Agreement.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KONTOUR TYPE, LLC, KONTOUR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Kontour makes no warranty that the Font Software will meet your requirements or operate under your specific conditions of use. Kontour makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The Font Software and related documentation is provided “AS IS” and without warranty of any kind.
YOU MUST DETERMINE WHETHER THE FONT SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FONT SOFTWARE TO MEET YOUR REQUIREMENTS. KONTOUR TYPE, LLC, WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL KONTOUR TYPE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE FONT SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KONTOUR OR ANY OTHER PARTY, EVEN IF KONTOUR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KONTOUR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
8. Business And Organizational Users; Audits
The individual installing, copying or using the Fonts, or any portion of the Fonts, for a business or organization, warrants that they have the authority to legally bind the business or organization. Individuals who do not have the authority to bind the organization or business agree to be personally liable for any breach of this Agreement.
If You are a business or organization with 10 or more employees, You grant Us the following rights to audit Your use of the Fonts. To ensure that You are following the terms of this Agreement and using the Fonts as allowed, You grant Us the right to audit Your uses of the Fonts during Your normal business hours to confirm that you are complying with the terms of this Agreement. You shall provide evidence of compliance as reasonably requested by Us. If the audit reveals any noncompliance, You shall reimburse Us for expenses arising from the audit and pay Us within 15 calendar days for any additional licenses of the Fonts needed for You to be compliant with this Agreement. Such payment will not limit Our other rights or remedies. This section will survive termination of this Agreement for a period of one year.
9. Updates
Kontour may update or modify this Agreement at any time to preserve its original intent and the permitted uses of Fonts, and will notify you of any update or modification. For example, Kontour may update any terms that might be impaired or rendered obsolete or incomplete by changing technology or new digital or physical formats. Your use of the Fonts following notification of any update or modification constitutes Your agreement to follow and be bound by the Agreement as updated or modified
10. General Provisions
This Agreement is effective on the date You indicate Your agreement to it or install, copy, or use the Fonts, or any portion thereof, whichever is sooner.
If any portion of this Agreement is found to be void and unenforceable, it will not affect the validity of the entire Agreement.
The terms and conditions of this Agreement and the Order Invoice constitute the entire agreement with respect to the Fonts and will supersede and replace all prior understandings and agreements.
During the term of Your License, Kontour may give You access to future versions of the Fonts. Kontour does not have any obligation to make new versions available, or to continue to make available for access or download any versions of any font. New versions of the Fonts are subject to this Agreement, which may be amended by Us as stated in this Agreement, unless Kontour provides and require additional or different terms.
Kontour may assign Our rights under this Agreement in whole or in part to any subsidiary, affiliated or controlling business, to any third party owning or acquiring a substantial portion of Our ownership or assets, or to any partnership or other venture in which Kontour participates. You do not have the right to assign this Agreement or any of Your rights hereunder without Our prior written consent.
11. Severability
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Licensor with a valid and enforceable provision that most closely effects the intent of the invalid provision.