Лицензионное соглашение

If the adherence to the License is made by means of the Invoice, all terms and conditions of the Offer not specified in the License shall be specified in such Invoice. Payment of the fee specified in the Invoice shall be deemed to be the full acceptance of the Offer and shall mean acceptance of the License terms and the Invoice. The License Agreement (the License) between the Licensor and the User shall be deemed entered into from the moment of the offer’s acceptance (the payment of the Invoice).

The Invoice must be paid within seven days (term for accepting the offer), unless otherwise specified in the Invoice itself. The Offer may be revoked by the Licensor at any time before or at the time of the Offer’s acceptance. 

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 it’s addressed to (the offer recipient). The Offer shall not be paid for by any other person (acceptance by any other person), except for the User and/or the Payer, specified in the Offer.

If you adhere to the License by purchasing the license online on the website of the Licensor or its authorized representative (hereinafter the “Distributor”), the terms and conditions of such adherence to the License are called the “Online Order”, regardless of the actual name of the processed electronic documents and/or the content of the web pages displayed in the process of purchase. The online payment of the license fee is deemed as the acceptance of the offer (License and Online Order terms). The License Agreement (the License) is considered to be concluded between the Licensor and the User from the moment of acceptance of the offer (payment for the Online Order).

The User confirms that he has read and understood the License before adhering to the License and that the link to the text of the License was provided in the Online Order. 

After the 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 for downloading the Font Software are sent to the User through his “Personal Account” on the Licensor’s website. When purchasing online at the Distributor’s website, the contents of the materials to be sent to the User are determined by the Distributor itself. 

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 Works 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 each time the Font Glyphs are reproduced, a new copy of the Font as an artwork is created. 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 entered into civil commerce 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 the License, an informational text is a text that is reproduced solely for informational purposes, is not intended to identify the product (the service) or its manufacturer, 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.

In case any provision of the License regarding specific ways of using the Products seems unclear, the User may request the Licensor about the possibility of using the Products in a specific situation. The Licensor’s clarification will have legal force for the relevant situation in relation to the current version (edition) of the License. It is possible that upon change of the version of the License for the newly issued Licenses a new clarification by the Licensor will be required.

If there are any doubts related to the legality of any use of the Product, the User is obliged to ask the Licensor about the possibility of such use before starting it. In this case, the User may not begin using the Product unless the Licensor grants their consent.

It is especially emphasized that the following ways of using the Products are covered by independent types of licenses 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 the site in Font-face via CSS @font-face instruction.

“Social Media License” is a license to use the Font in social media with a total number of subscribers exceeding 100,000.

“Logotype License” is a license to use the Font as part of the recognizable means of individualization of a person, goods or services (including but not limited to logotypes, trademarks etc.), whether they are registered as means of individualization or are being used as such de facto, and to modify the individual Font Glyphs.

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

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

“Service License” is a license with the right to issue urgent limited sublicenses to third parties involved in the production of work for the User, for which it is necessary to install the Font Software on the personal computer of the contractor.

“Video License” is a license to use the Font for displaying captions and other texts in audiovisual works, as well as for applying the Font Glyphs to the background of video (electronic or paper), including press conferences.

“Electronic advertising”—the license needed to use the Font and the Font Software outside the Web-server, where the Font Software is located: in e-mail marketing with uploaded Fonts, in scalable html5 promotional banners.

A License (a license agreement) is deemed to have been concluded from the moment the license fee is paid via the Invoice or via online payment of the Online Order. The right to use the Font and/or the Font Software to the specified extent is granted to the User from the moment the license fee is paid in full. The moment of payment of the license fee in the Invoice is considered the moment of crediting the funds to the Licensor's account. In case the payment transaction is cancelled for any reason, the right to use the Font and/or the Font Software shall not be deemed granted.

The right to use the Font and the Font Software to the extent provided by the License is granted for the entire term of the exclusive right in respect of the Font and the Font Software, unless otherwise provided by the Offer or the Online Order. The right to use the Font and the Font Software shall terminate prematurely in the cases specified in the License.

The User understands that if they use the Font and/or the Font Software without a contract before they have received the relevant right to do so, such non-contractual use violates the exclusive right. In such case, the acquisition of the License does not release the User from liability for the earlier committed violation. The Parties have the right to conclude a separate agreement to settle the issues of the previously permitted use of the Font and/or the Font Software.

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

One can only use the Product for a fee. The amount of the Licensor’s license fee is specified in the Invoice or the Online Order.

If the right to use the Product (the license) is acquired on the basis of the Invoice, the License fee shall be paid within the period specified in the Invoice.

In case of acquisition of the right to use a Product (the license) on the basis of the Online Order, the payment of the License fee must be made simultaneously with the execution of the Online Order as long as it is technically possible to make online payment under the current license terms, but no later than on the day of execution of the Online Order.

If the amount of the license fee in the Invoice is set in foreign currency, but the payment itself is supposed to be made to the Licensor’s Ruble account, then the payment of the license fee to the Licensor’s account shall be calculated at the exchange rate of the Central Bank of the Russian Federation valid on the payment day, but should not be less than the exchange rate set by the Central Bank of the Russian Federation on the invoicing day.

It is not allowed to pay the License fee just for one part of the Products specified in the Offer or the Online Order or just for one part of the mentioned ways of using the Products.

Upon issuing of the Invoice, 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.

Font as an artwork is included in the Font Software so an instance of the Font as an 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 an instance of the Font as an artwork and as a software shall be deemed fulfilled.

You can buy a license for another person, but you yourself cannot use the font on this basis. You will have to provide the detailed information about the person for whom you are purchasing the license and will be held responsible of that person.

The right to use the Products may be acquired for the benefit of a third party (the User), but paid for by you (the Payer). The Payer does not acquire the right to use the Products even if the User does not exercise such right. All Limiting Conditions of the License regarding the User shall also apply to the said Payer, based on the meaning of these Conditions and in relation to the right to use acquisition in favor of a third party.

When acquiring the right to use the Products for the User, the Payer’s obligations include making sure the User has read and completely understood the terms and conditions of this License and consents to it. Until obtaining such consent the User shall not be entitled to use the Products.

The Payer must specify the User when placing the Online Order or in the Invoice, and provide his full details. If the User is a legal entity, the following must be specified: exact and complete name; address; e-mail; telephone number; legal entity registration number in the register of the corresponding state. For an individual, the following should be specified: full name, first name and middle name (if there are any), date of birth, address; e-mail address; telephone number. Similar information about the Payer is to be provided.

If the Online Order or the Invoice does not provide all the identification and contact details listed above, the User is not considered to have acquired the right to use the Products. Similar consequences arise if the data or part of it is invalid.

In case of insufficient fields in the Online Order form (including when making a purchase through a Distributor), the Payer indicates the User as follows: “Payer for the User”, for example: “John Smith (person details) for ‘LLC Papaya’ (person details)”.

The Font Software is sent to the contact e-mail address specified in the Invoice. If the Payer provides his own address to receive the Font Software, it is obliged to forward the e-mail to the User and delete existing copy of the Font Software, including from the mail server.

The Payer assumes responsibility (surety) to the Licensor for the User's compliance with the License terms and conditions, including if the User violates the exclusive right and uses the Products in ways or to the extent not stipulated by the License. Liability of the Payer is joint. This obligation of the Payer is valid for the duration of the License and three subsequent 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 of using 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 to have been given from the moment the User has created the relevant work.

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 the 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 real damage, provided that the sum does not exceed 5000 (Five thousand) Rubles.

The applicable law is the law of the Russian Federation. The right of the Russian Federation shall apply both to this License (the License Agreement) and to the turnover of the corresponding copies of the Font (the Font Glyphs) and the Font Software.

In accordance with the legislation of the Russian Federation font Products are protected as an artwork and as a software. Therefore, the appropriate permission must be obtained from both the person using the Font Software and the person using the design of the Font (the Font Glyphs). Each Glyph in the Font is subject to independent protection.

The User agrees to the above scope of protection of font works even if in the jurisdiction of the User legal protection is provided 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 place of conclusion of the license agreement as a result of acceptance of the offer shall be deemed to be in the Russian Federation, Moscow. 

Contractual jurisdiction has been established at the location of the Licensor’s legal representative indicated below. Disputes related to entering into, execution, termination or otherwise arising out of the License (the concluded license agreement), as well as disputes related to the use of the Products by the User (or by the Payer) outside the License shall be subject to the jurisdiction of the Moscow City Commercial Court / Moscow City Simonovsky District Court / magistrate of the Moscow City Danilovsky District Court No. 247, depending on whether a dispute is subject to the jurisdiction of the arbitration court, the Moscow City District Court or magistrate.

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, it must be taken into account that the 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 taken into account when interpreting this License. The User understands that a larger permitted scope of use of the Products may be presented to him only for a larger license fee. The license fee set by the Offer or the Online Order includes only the scope of the Products use limited by this License.

The User states that the use of the Products is carried out in the framework of professional or business activities not related to personal or family needs of the User. 

The User may not transfer the Font Software to third parties, unless expressly provided for otherwise by the corresponding type of License. Nor may the User transfer the Font Software together with hardware or other software. 

The User may not assign 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 the corresponding type of the 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.

The User shall not be entitled to process the Font Software, change its character composition, as well as to reconstruct or otherwise affect the Font Software file.

The user may not create derivative Font Products (Font, Font Software). The User shall not be entitled to process individual Font Glyphs, unless otherwise expressly provided by the License of the respective type.

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 adhering to the License. 

If there is any discrepancy between the text of the License in the Russian language and its translation into other languages, the Russian 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 limits 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 complex objects, 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 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. 

The User may not use the Licensed Products in respect of the following goods, services and advertising, even if the circulation of such products is permitted in the relevant jurisdiction: 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 License of the relevant type, or in case of exhaustion of the rights of the copyright holder in respect of a legally commissioned copy of the Product.

The right to use the Font and the Font Software is granted only to the User specified in the Invoice or the 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, except in the cases expressly provided for by the License of the corresponding type.

The user can only be one legal entity or an individual. Multiple persons on the User’s part are not allowed. The right to use the Products may not be acquired by several persons at the same time, also by combining their contributions. 

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.

The License (the license agreement) is considered to be concluded in the version that was published at contrastfoundry.com/license at the moment of acceptance (payment) of the Invoice or payment for the Online Order. If the Licensor changes the text of the License, the original version of the License shall continue to apply to the relations between the parties. An exception to this rule states that the Licensor may make specific changes to the current License and send the User a 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 as the User’s consent to the new version of the License (silence as a consent agreement). A clarifying change in the License shall be effective for the future and shall come into force upon notifying the User.

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 give their consent for processing their personal data to the Licensor by agreeing to the License terms. Processing of personal data is carried out by the Licensor for the purposes of conclusion and execution of this license agreement, accounting of licenses and payments, monitoring the legality of the use of 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 processing 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.).e.), 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 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 the next five years. 

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

The User (as well as the Payer) also gives its consent to the Licensor 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, the license agreement may not be renounced, and the Font Software may not be returned. The refund of money paid as a license fee is not allowed.

Termination of the License (the License Agreement) is possible only in a judicial procedure in cases directly established by law by the competent court specified in the License (contractual jurisdiction). Except for this rule, if the User violates the terms and conditions of the License or uses the Product in ways not provided for by the License, the License (the License Agreement) shall be terminated at the application of the Licensor in an out-of-court procedure by sending a corresponding notice by the Licensor to the e-mail address of the User two days prior to the date of termination of the License (the License Agreement), the license fee shall not be refunded in such case, and the User shall be obliged within two days from the date of receipt of such notice by the competent court (contractual jurisdiction).

The following are considered to be particularly gross violations of the License: use of a different style of the Font or another font by the Licensor; 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; uploading of the Font Software on a network and making it available to 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 banking system, the License is not considered to be granted to the User, the acceptance of the offer is not considered to have occurred, and the use of the Products by the User is considered illegal. 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. In such case the User shall immediately delete the Font Software.

The text of this License is a protected literary work that required from its author investment of creative effort. No other licensors may use the text of this License without the author’s permission.

Protection of intellectual property is provided by Vasily Rozhdestvin Law Office (Licensor’s legal representative), address: 8k5 Podolskoe Shosse, office 321, Moscow, 115093; telephone: +7 (495) 181-05-08; e-mail: v@rozdestvin.ru; website: https://рождествин.рф.

Contrast Foundry Inc.

803 Kirkaldy Ct,
Sunnyvale, CA, USA, 94087

e-mail: info@contrastfoundry.com