MOBILE APP FONT END USER LICENSE AGREEMENT
Please read this Agreement carefully. We recommend that you print a copy for future reference.
This Mobile App 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. 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.
Furthermore 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. 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. 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 us: hello(at)kontour.com.
A copy of the Kontour App Font Software may be provided to a third party developer, for the sole purpose of styling text in your App. The app developer has to agree in writing to respect and observe the terms of this Agreement. The Font Software and all copies thereof will need to be deleted immediately after the app developer completes the work. Should the app developer wish to use the App Font Software for any other purposes, the app developer must first obtain an appropriate license from Kontour Type, LLC.
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
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.
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.