WEB FONT END USER LICENSE AGREEMENT
Please read this Agreement carefully. We recommend that you print a copy for future reference.
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. 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.
Furthermore this Agreement entitles you to install and use ONE copy of the Web 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 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: hello(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. You must prevent third party access by disabling hotlinking, and prevent access to Kontour Web Fonts through directory listing. For more information and instructions please go to: http://kontour.com/eula_features.html and carefully read the “start_here.txt” file included in each webfont package.
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
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.
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, Flash 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 Flash, TrueDoc and/or other Web Embedding Font Technology (“WEFT”, “Cufon”, “sIFR”) 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 ( “.eot”, “.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.
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. 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
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.
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.
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.
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.