License agreement

If adherence to the License is made by means of the Invoice, the terms and conditions and restrictions on the use of the Products not specified in the License are set forth in the Invoice. Payment of the License Fee specified in the Invoice is deemed to be a full acceptance of the offer and constitutes acceptance of the License and Invoice. The license agreement (the License) is entered into between Licensor and User upon payment. The User confirms that they have read the text of the License, which was attached to the Invoice.

The Invoice shall be paid within seven days or as otherwise indicated in the Invoice. The Invoice may be withdrawn by Licensor at any time prior to or by refusal to accept payment.

The User confirms that prior to adhering to the License, they fully read and completely understood the text of the License attached to the Invoice.

The Invoice is intended only for the person/party to whom it is sent (the addressee of the offer). The Invoice cannot be paid by any other person unless expressly agreed to between the parties.

If adherence to the License is made by purchasing the license online through the website of the Licensor or its authorized representative (hereinafter, the “Distributor”), the terms and conditions of such adherence to the License are referred to as the “Online Order”, regardless of the actual titles of the electronic documents processed or the content of the web pages displayed during the purchase process. Online payment of the License Fee is deemed to be a full acceptance of the offer and constitutes acceptance of the License and Invoice. The license agreement (the License) is entered into between Licensor and User upon the acceptance of the offer (payment for the Online Order).

The User confirms that prior to adhering to the License, they fully read and completely understood the text of the License provided with the Online Order.

After payment of the Online Order on the Licensor’s website, the text of the License in the relevant version, the Online Order and the link to download the Font Software provided to the User through their “Personal Account” on the Licensor’s website. When the purchase is made through the Distributor’s website, the materials provided to the User are determined solely by the Distributor.

For the purposes of the Agreement, the User’s Clients are the persons for whom the User performs design work in accordance with the agreement concluded between them. If the User does not perform such work for third parties, the terms of this section of the License do not apply.

As a general rule, the License grants the right to use the Products only to the User. The User does not have the right to sell, assign or otherwise transfer such right to other persons.

The User’s Clients do not have the right to use the Font Software in any way without purchasing an independent license, except in cases expressly stipulated by the License. The User’s Clients may not do the following (included but not limited to): store Font Software, install it, embed Font Software fully or in part as individual glyphs in electronic documents, use the Font Software on the site using the @font-face mechanism, etc.

With regard to the Font (as an artwork), one should bear in mind that reproducing Font Glyphs creates a new copy of the Font as an artwork. Therefore, for each case of further reproduction or distribution of a copy of an artwork, the person performing such actions must have the appropriate permission from the copyright holder (except if rights with regard to the specific copy introduced to the market are exhausted).

As an exception to the general rule, the Licensor, under this License, allows the User’s Clients the following limited use of the reproduced Font Glyphs in informational text as part of raster and vector images, as well as in files with an embedded subset of the Font Glyphs in Print & Preview mode, created by the User for the Client in accordance with the procedure and restrictions established by the License:
– to reproduce and make available to the public the Font Glyphs on the Internet in the informational text as part of electronic images created by the User, but only with regard to the Client’s own products/goods/services; the User’s Client is not entitled to use such images in social media if its total number of subscribers in all social media accounts exceeds 100,000;
– to use (reproduce) the Font Glyphs in the informational text of the Client’s own outdoor advertising, their own posters, signs, address plates;
– to use (reproduce and distribute) Font Glyphs in the informational text of the Client’s own non-periodic printing products (books, calendars, leaflets, business cards), but only those that the Client enters into civil commerce independently;
– to use (reproduce and distribute) Font Glyphs in the informational text on packages and labels of goods that are entered into civil commerce directly by the User’s Client (the Font Glyphs can not be reproduced on the product in which the Font counts as most important: T-shirts with texts, posters and posters for sale, goods
in the form of letters, etc.).

For the purposes of this License, an informational text is a text that is reproduced solely for informational purposes, is not commercial in nature, intended to identify the product (the service) or its manufacturer, and/or is not used to attract attention or Client demand (i.e. not used for artistic decoration).

The Font Glyphs cannot be used as part of the means of individualization, regardless of whether they are registered or not. Font-based information labels can neither be used in the registered individualization tools. The license fee under this License is established given that the use of the Font Glyphs outside of the informational text or as a means of individualization is prohibited, so such registration without purchasing an appropriate additional license will be considered a violation of the exclusive right of the copyright holder.

In addition, the License does not grant the right to modify the Font Glyphs, for which an appropriate additional license is required.

In order to let the User’s Client exercise the powers listed herein or to exercise the powers under their own Client license, the User has the right to convey to their Client, and they are entitled to receive and store the electronic image in a raster or vector format (in outlines) reproduced with Font Glyphs created for the Client in compliance with the License restrictions.

If the Client uses the Font for non-commercial projects, the organizer of such project may request the Licensor to obtain a free license for non-commercial use of the Font (for example, for a singular non-commercial event, for goods not for sale, etc.).

If any provision of the License is unclear to the User’s Clients, such persons have the right to request from the Licensor the possibility of using the Products in a specific situation. The Licensor’s explanation will be legally binding for the relevant situation, in relation to the current version of the License.

If any provision of this License relating to permissions or methods of using the Products is unclear, the User may request a license to use the Products in a particular manner. The Licensor’s clarification and, if granted, license for new uses shall control the terms and conditions of the amended or new license. Licensor expressly retains the right to amend this License in the future.

If there are any doubts related to the right of any use of the Product, the User is obliged to ask Licensor whether such use is permitted under this License. The User expressly agrees to consult with the Licensor before using the Product and such permissions may or may not be granted.

Each type of use of the Products requires an independent type of license and the User may not use the Products in the following ways without purchasing independent licenses:

“Web License” is a license to display the text content of a website using the Font via the CSS @font-face rule.

“Social Media License” is a license permitting the use of the Font in social media accounts with a total subscriber count exceeding 100,000.

“Logotype License” is a license to use the Fonts and/or individual glyphs of the Fonts as part of the recognizable means of individualization by way of a logo or brand for a person, company, goods or services (including but not limited to logotypes, trademarks etc.).

“Application License” is a license to use the Font and/or the Font Software within mobile or computer applications.

“E-publication License” is a license required to publish (make available to the public) files containing an embedded subset of the Font Software and to create and publish e-books using the Font or the Font Software.

“Service License” is a license granting the right to issue urgent, limited sublicenses to third parties engaged in providing contractual work for the User, where completion requires installation of the Font Software on the contractor’s personal computer.

“Video License” is a license to use the Font for displaying captions and other text in audiovisual works, and for applying Font Glyphs to video backgrounds (whether electronic or physical), including use in press conferences.

“Electronic advertising” is a license required to use the Font and Font Software outside the Web server where the Font Software is hosted, including in email marketing with uploaded Fonts and scalable HTML5 promotional banners.

This License is deemed entered into at the moment of payment. The moment of payment of the fee is considered to be the moment payment is credited the funds to the Licensor’s account (payment in full).

The right to use the Font and Font Software to the extent set forth in the License is granted for the License term unless otherwise identified in an Invoice or Online Order.

The User understands that if they have made non-contractual use of the Font and/or the Font Software prior to obtaining a proper License, such non-contractual use shall be an infringement of the Licensor’s rights. In such case, the acquisition of the License shall not relieve him/her from liability for the previously committed infringement.

The License is valid worldwide unless otherwise specified in the Invoice or Online Order.

The use of the Product is possible only for a fee. The amount of the Licensor’s remuneration is specified in the Invoice or Online Order. Payment of the remuneration set out in the Invoice shall be made within the term also set out in the Invoice.

The License Fee may not be paid for a portion of the Products specified in the Invoice or Online Order or for a portion of the specified uses of the Products.

Upon execution of the Invoice, Order or the Font Software is sent to the User’s e-mail address within seven days from the date of full payment of the license fee.

When placing an Online Order, upon its payment, the User
is provided a link to download the Font Software and an electronic copy of the License, which is available in the User’s Personal Account on the Licensor’s website or can be sent to the User by e-mail.

The Font, as an artwork, forms a part of the Font Software. Accordingly, a copy of the Font, as artwork, is not sent separately. From the moment of sending the Font Software by e-mail or providing a link to download the Font Software, the Licensor’s obligation to deliver a copy of the Font, as artwork, and as a software shall be deemed fulfilled.

The right to use the Products may be purchased for the benefit of a third party as a Licensed User, but paid for by You as the Payer. The Payer does not acquire the right to use the Products (Fonts). All of the restrictive terms of the License with respect to the Licensed User also apply to the Payer.

Unless otherwise provided in an Invoice or Online Order when acquiring the right to use the Products for a User, the Payer is obligated to make the User aware of the terms and conditions of this License and to obtain the User’s consent to the License. Until such consent is obtained, the User may not use the Products.

The User shall be specified in the Invoice or Online Order where full details of the User shall also be specified. If the User is a company, the following shall be specified in respect of the User: exact and full name; and address in accordance with the registration; contact e-mail address; contact telephone number; registration number of the legal entity in the registry of the respective state. For an individual, the following must be specified: full name, first name and last name, date of birth, address according to the registration; contact e-mail address; contact telephone number.

Similar information in the Invoice or Online Order shall also be provided for the Payer.

If all of the listed identification and contact information is not provided when executing the Invoice, the User/Payer shall not be deemed to have acquired the rights to use the Products. Similar consequences occur if the User’s/Payer’s data or part of such data is invalid.

The Font Software shall be sent to the contact e-mail address specified in the Invoice or Online Order. If the Payer indicates its own address for receipt of the Font, the Payer shall forward the e-mail to the User and delete any copies of the of the Font, including any residing on an email server.

The Payer assumes liability (surety) to Licensor for the User’s performance of the terms of the License, including for the User’s violation of the exclusive right and for the User’s use of the Products in ways or to the extent not provided for in the License. The Payer’s liability shall be joint and several. This obligation of the Payer is valid for the term of the License plus three years.

The Licensor grants the User the right to use the Font and the Font Software without specifying the names of the authors and copyright holders when such specification is difficult or technically impossible. In other cases, as well as when the output data or copyright holders of other objects are specified, the indication of the copyright holder of the Font and/or the Font Software is considered necessary.

If the User indicates the name of the right holder, such indication is made in the following way: “Font name ©contrastfoundry”, for example: “CoFo Robert ©contrastfoundry”.

The User gives the Licensor permission to use works created by the User with the use of the Font or the Font Software as examples showing use of the Font (font in use) to the extent justified by such purpose for the Licensor’s own portfolio, exhibitions, performances etc. Such permission shall be deemed given upon payment for the License.

The Licensor assures that they have all necessary rights and authorities to issue the License (conclusion of the License Agreement).

The Font and the Font Software are provided “as is” without any express or implied obligation on the part of Licensor, including commercial warranties and guarantees of suitability for any particular use. In no event will the Licensor be liable for any loss or damage caused by the use or inability to use the Font and Font Software, or the provision or failure to provide support services related to the use of the Font and Font Software.

The Licensor’s liability in all cases is limited to the actual damages, not exceeding $100 (one hundred) U.S. Dollars.

The interpretation and enforcement of this License Agreement shall be controlled by the law of the State of California as it relates to contracts negotiated, entered into and wholly performed therein shall. The Parties expressly submit to personal jurisdiction to the state and federal courts located in California and waive any defenses related to the choice of forum.

The Fonts and the Font Software are protected under the laws of the United States and the laws of other countries which grant additional rights regarding the designs of the glyphs embodied in the Font Software. You expressly agree that the designs of the Fonts embodied in the software are artworks created by the Licensor and that this term is also contractual in nature.

The User agrees to the above scope of protection of font works even if in the jurisdiction of the User legal protection extends only to Font Software. The User understands that in case of unauthorized use of the Font design by third parties registered in the above jurisdictions, claims may be made against the said parties, including those related to export of their respective copies or availability of images via Internet, regardless of the location of the server.

The interpretation of the License must take into account that all uses of the Products not expressly permitted by the License are prohibited.

When interpreting the License, the parties expressly agree that Licensor independently determines the scope of use of the Product provided by each type of license. The fact that other copyright holders hold licenses with the same name with a different scope of permitted use shall not be considered when interpreting this License. The User understands that greater rights require a larger license fee. The license fee set forth in an Online Order or in an Invoice relates only the scope of the Products use identified in your License.

The User may not transfer the Font Software to third parties, unless expressly permitted in your License or otherwise agreed to between the parties. Nor may the User transfer the Font Software together with hardware or as a part of other software.

The User may not assign, sell, gift or otherwise transfer the right to use the Font, or the Font Software obtained from the Licensor either separately or together with the License Agreement (the License). Such transaction will be considered null and void. The User shall not be entitled to issue sublicenses unless otherwise expressly provided by their License.

Granting the right to use the Font in any way does not imply granting the right of similar use of the Font Software and vice versa. The right to use the specified Font Styles does not give the right to use other Styles of the same Font in a similar manner. Each font and permitted use requires its own license.

The User shall not be entitled to convert he Font Software to another format, change its character composition, as well as to reconstruct or otherwise amend or change the Font Software file.

The user may not create derivatives Font Products (Font, the design, Font Software). The User shall not be entitled to change or convert individual Font Glyphs, unless otherwise expressly provided for by your license.

The User may not use the Font or the Font Software in composite works.

The User adheres to the version (edition) of the License which was published on the website of the copyright holder at the moment of User agrees and pays for the License.

If there is any discrepancy between the text of the License and its translation into other languages, this version of the License shall prevail.

If the User plans to use the Products in ways not provided for by the License, the User must enter into a separate license agreement with the Licensor (purchase an additional license). The use of the Products in ways not stipulated by the License or beyond the permitted ways stipulated by the License is a violation of the exclusive right to the Products.

The User may not use the Font or the Font Software in other software or devices, unless expressly stated otherwise in the corresponding License.

The User must ensure that the Font Software and an existing copy of the Font Software are reasonably protected against illegal copying or unauthorized network access by the License.

The User shall not be entitled to create products in which the form of the product in whole or in part is determined by the form of one or more Font Glyphs (for example, an object in the form of a letter) or an element of such Font Glyph, i.e., the Font Glyphs may not form the basis of sculpture or sculptural works.

The User may not use the Licensed Products for any of the following goods, services, marketing or advertising for the same; pornographic products; recreational substances; tobacco products; weapons.

With respect to the Font (as an artwork), it should be taken into account that each time the Font Glyphs are reproduced, a new copy of the Font as a design is created. Therefore, for each case of further reproduction or distribution of a copy of the Product, the person performing such actions shall have the appropriate permission of the Licensor, unless otherwise expressly provided by the User’s License, or under other law, the exhaustion of the rights of the copyright holder regarding legally commissioned copy of the Product.

In the absence of an agreement to the contrary or by agreement between the parties, the right to use the Font and the Font Software is granted only to the User specified in the Invoice or Online Order. Any other person using the Products (including individual Font Glyphs or texts made with the Font) requires a separate license from the Licensor.

The user can only be one legal entity or an individual. Multiple users are not allowed. The right to use the Products at the same time may not be acquired by several persons, nor can a right to use a Font be acquired by multiple persons. All licenses are sold on an individual basis as to Font and User.

By agreeing to the License, the User confirms that they have been acquainted in advance with the composition of the Font Glyphs, other properties of the Font and the Font Software, and their suitability for the purposes of the licensed use.

Absent an agreement to the contrary between the parties, the License agreed to is the version published at contrastfoundry.com/ licensing. If the Licensor changes the text of the License, the original the License in effect at the time of payment shall apply to the relations between the parties and the rights to use the Products. The Licensor reserves the right to make changes to the current License and with notification via e-mail. Failure to notify the Licensor of the User’s objection within thirty days from the date of sending the notice shall be considered acceptance of the amended/new version of the License.

Notifications made by the Licensor via e-mail to the User’s e-mail address specified in the Invoice or the Online Order shall be deemed to be valid and legally binding adequate notifications. Such notices shall be deemed to have been delivered to the User on the day of sending the e-mail, regardless of the actual date of receipt.

Documents signed by the Licensor by facsimile signature shall be considered to be signed by hand.

The User and the Payer hereby give their consent for the use of their personal data by the Licensor by agreeing to the License terms. Processing of the personal data is carried out by the Licensor for the purposes of finalizing and processing of this license agreement, including but not limited to accounting, payments, monitoring compliance with law, intellectual property and the scope of such use, processing of applications and requests, promotion of the Licensor’s intellectual property on the market through direct contacts via means of communication.

Consent is given to the acquisition and use of the following personal data: name, surname, middle name; e-mail addresses; contact phone numbers; gender; date of birth; address; information specified in the Online Order or the Invoice (domains of the Sites, pages in social media, etc.), user data (information about the location; about the visited pages on the Licensor's website; ip address; sid; mac address, os type and version, browser type and version, device type and its screen resolution, etc.); information about incoming payments; bank account details.

During the processing of the personal data the following actions will be performed: collection; recording; systematization; accumulation; storage; update (refinement, modification); extraction; use; blocking; deletion; destruction. The User’s personal data will be processed for the duration of the License and five years thereafter.

The User (as well as the Payer) agrees to use cookies and similar technologies on the Licensor’s website, but each party has the right to change the settings of the browser program.

The User (as well as the Payer) also gives consent to receive occasional e-mails, e.g. creation of new font styles, new fonts releases or fonts updates; information on the ways of using fonts; on promotions of the Licensor and its partners and other similar messages. The User may refuse to receive such messages by sending an e-mail to the Licensor.

The purchased License may not be returned or revoked, and the Font Software may not be returned. The license fee is not refundable.

Termination of the License by the User/Licensee is possible only by way of a judicial procedure in by the competent court in the jurisdiction identified in the License. Where a User violates the terms and/or conditions of the License or uses the Product in ways not permitted in their License, the License may be terminated by the Licensor by sending a notice of notice of termination to the e-mail address of the User. Under no circumstances shall the license fee be refunded.

The following are considered to be particularly gross violations of the License: use of an unlicensed style of the Font or another font by the User; transfer of the Font Design or the Font Software to a third party, unless this is expressly provided for by the License of the relevant type; installation of the Font Software on more computers than stipulated by the License; use of the Font Software by unlicensed users even other users at a licensed location; uploading of the Font Software on a network and making it available to other users or the public, unless this is expressly provided for by the License.

In case the paid license fee is refunded due to technical reasons or the rules of the corresponding payment or of the banking system, the License shall not be deemed granted to the User and the use of the Products by the User is considered infringing. In case of such return, the expenses of the Licensor related to the receipt, processing and return of payment shall be deducted from the amount received and the User shall immediately delete all copies of the Font Software.

The text of this License is a protected literary work and may not be copied or used without the author’s permission.

Contrast Foundry Inc.

803 Kirkaldy Ct,
Sunnyvale, CA, USA, 94087

e-mail: info@contrastfoundry.com