Kholodos

License (EULA)

License (EULA)
End User License Agreement (“EULA”)
for Kholodos typeface

(“Licensed Product and Software” – abbreviated as “LPS”)

Last updated: 17 may 2020

PLEASE READ CAREFULLY!

This document is a binding legal agreement. A copy of this agreement must be stored with the purchased “Licensed Product and Software” (abbreviated as “LPS”) to which it relates.

This document is called “End-User License Agreement” (abbreviated as “EULA”).
The EULA constitutes a binding legal agreement between you as a “Licensee” and the Grigorij Gushchin as a “Licensor”.
The EULA establishes the terms and conditions by which the Licensee is permitted to install and use the LPS.
By downloading, installing and/or using the LPS, you confirm that you have read, understand and agree to be bound by the terms of this EULA.

1. Rights Granted

Licensor grants Licensee a perpetual, worldwide, non-exclusive, non-transferrable and without the right of sublicense license to:

1.1. Use the LPS to create and distribute “texts documents, images, graphics, logos, and artwork” (abbreviated as “TIGLA”) for display on any surface including computer screens, television screens, paper, physical products, or any other surface. Examples of TIGLA include, but are not limited to: a fixed size TIGLA (e.g. JPG, PNG, etc.) or a static vector TIGLA (e.g. SVG, EPS, etc. made with a “create outlines” tool).

1.2. Embed or link the LPS in accordance with the rules described in Section 2.3. “Document Embedding” of this EULA.

2. Requirements and Restrictions

2.1. Products
Licensee may not use the LPS to create TIGLA products, which used in conjunction with any software could emulate the design and functionality of this LPS.

2.2. Users and Deployment
The LPS may be used only in accordance with the kind of the bought license.

2.2.1. Desktop license
Desktop licenses allow you to install a LPS on a computer.
When you buy 1 (one) LPS, you acquire only Desktop license for 3 (three) users. All users must belong to the same company or household purchasing the LPS.

2.2.2. Web font licenses
When you buy 5 (five) LPS, you acquire Desktop and Web font license for 10 (ten) users (all users must belong to the same company or household purchasing the LPS) and it allows you to embed the LPS into a website or email.

2.2.3. ePub licenses
When you buy 10 (ten) LPS, you acquire Desktop, Web font and ePub license for 10 (ten) users (all users must belong to the same company or household purchasing the LPS) and it allows you to embed the LPS into a website or email. ePub licenses cover usage in commercial publications.

2.2.4. Embedded licenses
When you buy 30 (ten) LPS, you acquire Desktop, Web font, ePub and Embedded licenses for 100 (one hundred) users (all users must belong to the same company or household purchasing the LPS) and it allows you to embed the LPS into a website or email. ePub licenses cover usage in commercial publications. Embedded licenses let you distribute fonts in physical products like medical devices, cars, or in software programs.

2.2.5. Mobile app licenses
When you buy 50 (fifty) LPS, you acquire Desktop, Web font, ePub, Embedded and Mobile app licenses for 100 (one hundred) users (all users must belong to the same company or household purchasing the LPS) and it allows you to embed the LPS into a website or email. ePub licenses cover usage in commercial publications. Embedded licenses let you distribute fonts in physical products like medical devices, cars, or in software programs. The Mobile app licenses allow fonts to be embedded in phone/tablet apps.

2.2.6. Server licenses
When you buy 100 (one hundred) LPS, you acquire Desktop, Web font, ePub, Embedded, Mobile app and Server licenses for 100 (one hundred) users (all users must belong to the same company or household purchasing the LPS) and it allows you to embed the LPS into a website or email. ePub licenses cover usage in commercial publications. Embedded licenses let you distribute fonts in physical products like medical devices, cars, or in software programs. The Mobile app licenses allow fonts to be embedded in phone/tablet apps. Server licenses enable web or cloud-based services and SaaS use cases.

2.3. Document Embedding (including PDF, Microsoft Word® & Microsoft Powerpoint®)
Documents embedding the LPS and sent to third parties, must be read-only by those recipients.

Documents embedding the LPS and created for in-house use or sent to third parties working on behalf of the Licensee as described in Section 3. “Provision to Third Parties” may be editable.

3. Provision to Third Parties

The Licensee may temporarily provide the LPS to a graphic designer, printer, agent, or independent contractor who is working on behalf of the Licensee. The Agents temporarily using the LPS are treated as licensed users and count toward the number of users specified on the Invoice. In the case of a single user license, the Licensee may temporarily provide the LPS to a single third party without violating this EULA.

The third party designer, developer, agent, or independent contractor must:
a. Agree in writing to use the LPS exclusively for Licensee’s work, according to the terms of this EULA.
b. Retain no copies of the LPS upon completion of the work.

4. Term

This EULA grants a perpetual license for the rights set forth in Section 1. “Rights Granted,” unless and until the EULA terminates under Section 7. “Termination”. Licensor will not charge additional fees post purchase, annually or otherwise.

5. Modifications

Licensee MAY NOT modify the LPS files, or create derivative LPS based on the LPS without prior written consent from Licensor EXCEPT THAT Licensee may generate files necessary for embedding or linking in accordance with this EULA. If granted, such rights do not allow modifying the LPS in such a way, shape or form as to be derogatory of it’s creators, users, any race, creed or religion, or in any other way that can reasonably be considered offensive.

6. Copyright

The LPS is protected by copyright law. The Licensor is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the LPS in any manner that infringes the intellectual property rights of the Licensor or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Licensor for any infringements on the Licensor’s rights caused by failure to abide by the terms of this EULA.

7. Termination

This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Licensor may terminate the EULA with 30 days notice. This EULA will terminate automatically 30 days after the issuance of such notice.

8. Refunds and Disclaimer

Licensor will, at the Licensee’s request, provide a refund for the LPS OR (but not “AND”) substitute it for a new and improved version, if it is demonstrated beyond a reasonable doubt that the LPS has bugs, glitches and other technical issues that should have been adressed in the process of it’s creation. This does not apply to aesthetical and design decisions about the forms of the glyphs themselves, or the metrics and kerning. E.g., if a contour intersects itself or a glyph has an overlap that was not removed, this does constitute a technical issue and should be adressed by Licensor.

The LPS is provided “as is”. Licensor makes no warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Licensor shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if Licensor has been advised of the possibility of such damages.

Because some US states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.

9. Entire Agreement

This EULA, in conjunction with the Invoice that accompanies each LPS, constitutes the entire agreement between Licensor and Licensee.

10. Modification

The Parties may modify or amend this EULA in writing.

11. Waiver

The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.