Jeff Kahn End User License Agreement (EULA)
THIS IS A BINDING LEGAL AGREEMENT – Please read this Agreement before purchasing, downloading, installing or using the Font Software shall indicate your express agreement to these terms and conditions.
USERS LICENSED. The Number of Licensed Users is determined by the Purchaser at the time of Purchase. By default, the Font Software may not be used with more than two (2) computers owned by the same licensed party or End User.
1. GRANT OF LICENSE. This license to use the Font Software is non-exclusive, terminable and non-transferable and the use of the Fonts Software must be in accordance with the following terms and conditions. Jeff Kahn hereby grants you a limited, non-exclusive, non-transferable license to install and use the fonts and font software specified on your invoice (the fonts and font software are hereafter referred to individually and collectively as the “Typefaces”) on only the fixed number of computers at the fixed number of locations specified on your invoice. You agree not to duplicate, reproduce, sell, transfer, license, or otherwise distribute the Typefaces in any form, except as expressly provided herein. You agree not to decompile, modify, reformat, translate, reverse-engineer or otherwise discover the source code of the Typefaces, or to embed the Typefaces in electronic documents except as expressly permitted below (see paragraph 4.) You agree not to make, or authorize or commission others to make, any additions, deletions or modifications to, or derivative works or fonts based on or substantially similar to, the Typefaces without the prior written consent of Jeff Kahn. You agree not to alter Jeff Kahn’s copyright notices as contained in the Typefaces.
2. PERMITTED INSTALLATIONS. Use of the Jeff Kahn Font Software is not permitted by more End Users than you identify when the Font Software is purchased. However, the Font Software may be installed on not more than two (2) computers for each licensed End User, provided that both computers are not used at the same time. For the purposes of clarity, a Licensed End User may install the Font Software on their laptop and their workstation, provided both are not used at the same time. Serving of the Font Software to a Licensed End Users over a network, LAN, WAN or the Internet is strictly prohibited. Hosting the Font Software on any platform, or distribution system is strictly prohibited. Providing links to BitTorrent sites, files, or any distribution system where Jeff Kahn Font Software is stored without Jeff Kahn’s consent is strictly prohibited. Copying, hosting, or linking visual images of Jeff Kahn Font Software without Jeff Kahn’s consent is strictly prohibited. If you need or otherwise desire to install and use the Font Software in such a manner, contact Jeff Kahn for a special license.
3. REFUNDS. If you do not agree to the terms of the Font Software License Agreement, do not download or install the Font Software. The Jeff Kahn Font Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund you must (a) certify that no copy of the Fonts remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt. All claims must be made within one (1) week of purchase.
4.1. EMBEDDING. “Embedded Documents” are those which contain a copy of the Typefaces, or data describing the shape or outline of any part of the Typefaces. Embedded Document formats include, but are not limited to: Acrobat (or other) files employing the Portable Document Format (“PDF”); Cascading Style Sheets (“CSS”) employing the “@font-face” tag; Macromedia Flash (or other) files employing TrueDoc; and documents employing Web Embedding Font Technology (“WEFT”). You may not create Embedded Documents, except as expressly provided in paragraphs 4.2 and 4.3:
4.2. Workflow PDFs. For the sole purpose of providing documents to printers or other outside suppliers for reproduction, Jeff Kahn grants you a limited license to create and circulate Embedded Documents in the PDF format (“Workflow PDFs”) subject to the following restrictions: (a) these Workflow PDFs must have “subsetting” enabled, to limit to the greatest extent possible the number of characters of the Typefaces embedded; (b) Workflow PDFs must be configured to be “non-editable,” to prevent the alteration, addition, deletion or extraction of any text, by any party other than the licensee; (c) Workflow PDFs must be transmitted individually, on a one-to-one basis, over a closed network. Under no circumstances will this Agreement be construed to entitle you or your agents or assigns to broadcast Workflow PDFs, or any form of Embedded Documents, over public computer networks, including but not limited to publicly accessible pages on the World Wide Web.
4.3 Flash Files. For the sole purpose of creating vector graphics for inclusion on web pages, Jeff Kahn grants you a limited license to create and circulate Embedded Documents in the SWF format (“Flash Files”), subject to the following restrictions: (a) Flash Files must have “subsetting” enabled, to limit to the greatest extent possible the number of characters of the Typefaces embedded; (b) Flash Files must be “static,” not “dynamic,” as to prevent any party other than the licensee from specifying, selecting, copying, cutting, pasting or modifying the text that is displayed in the Typefaces; (c) Flash Files must be configured to “Protect from Import.”
4.4 The embedding or other use of the Fonts or the outlines thereof, in software or other works distributed electronically and/or via physical media for sale is prohibited under this License. Any such use requires the express written permission by Jeff Kahn and may or may not require the purchase of a license upgrade at the sole discretion of Jeff Kahn
5. INTELLECTUAL PROPERTY RIGHTS. You acknowledge that Jeff Kahn is the exclusive owner of all worldwide right, title and interest in and to the Typefaces, including without limitation all copyright, patent, trademark, trade secret and other intellectual property rights, in and to the Typefaces as artwork, software, and otherwise, including all copies of the Typefaces, regardless of the format in which they are expressed or the media on which they are recorded. Any and all updates, revisions, enhancements or additions to the Typefaces shall automatically be deemed to be included in the definition of “Typefaces” hereunder and shall become part of, and subject to, this Agreement. You acknowledge that Jeff Kahn shall be the exclusive owner of all worldwide right, title and interest in and to any and all modifications of, and derivative works and fonts based on or substantially similar to, the Typefaces, regardless of who made such modifications or derivative works or fonts. The names of these Typefaces are trademarks of Jeff Kahn (“Trademarks”). All goodwill that may become attached to the Trademarks as a result of your use of the Typefaces shall inure to the exclusive benefit of Jeff Kahn. You agree not to challenge Jeff Kahn’s rights in or to the Typefaces or the Trademarks or the validity of any intellectual property or other right of Jeff Kahn therein, or to infringe Jeff Kahn’s rights therein. This Agreement is not a grant to you of any right, title or interest in or to the Typefaces or the Trademarks except for the limited, non-exclusive, non-transferable license to install and use the Typefaces as set forth in paragraph 1 above, subject to the terms and conditions of this Agreement. All rights not expressly granted herein are reserved to Jeff Kahn.
6. RESTRICTIONS. Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, alter the embedding bits, translate into other font formats or other formats for use with other forms of devices or otherwise copy and/or include the Jeff Kahn Font Software or the design of the Font embodied therein without the express written consent of Jeff Kahn. All rights not expressly granted are reserved to Jeff Kahn. Any modifications, derivations and/or adaptations of the Font Software or the design embodied therein, requires the express permission of Jeff Kahn which expressly reserves a right to create any such modifications, derivations or adaptations.
7. RIGHTS RESERVED. This Software is licensed, not sold, to you by Jeff Kahn, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font or the Font Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Jeff Kahn. The Jeff Kahn Font Software and the design of the Font embodied therein are the exclusive property of Jeff Kahn and are protected under both domestic and international copyright, trademark and unfair competition laws. You agree to credit Jeff Kahn as the trademark and copyright owner of the Jeff Kahn Fonts and list the font names, used, whenever and whenever design production or any other credits are shown. The various names of the Jeff Kahn Fonts are the trademarks of Jeff Kahn. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Direct any questions, in writing, to: Jeff Kahn at http://jeffkahn.org/get-in-touch
8. SERVICE BUREAUS OR PRINTERS. You may lend a copy of this Software to any service bureau or printer which you hire to output for printing provided that they do not use the Font Software for any purpose other than outputting or printing your work. Upon completion of your job, the service bureau must delete the Font Software or purchase their own license for continued use of the Font Software with others.
9. OTHER RESTRICTIONS. Use of Jeff Kahn Font Software and/or the design of the Font embodied therein in the following circumstances and/or applications are NOT permitted without a license upgrade. In order to obtain a license upgrade, you must contact Jeff Kahn at http://jeffkahn.org/get-in-touch for more information. If you are unsure whether your use of Jeff Kahn Font Software is specifically permitted under this Agreement, contact Jeff Kahn.
a) ALPHABET OR LETTERFORM-RELATED PRODUCTS; PERSONALIZED PRODUCTS FOR RESALE OR IN LETTERFORM CREATION PRODUCTS OR DEVICES;
b) BROADCAST ON TELEVISION CABLE OR THE INTERNET; COMMERCIAL EXHIBITION, or FILM;
c) EMBEDDING IN ELECTRONIC DEVICES; ALL GAMING DEVICES;
d) EMBEDDING IN SOFTWARE;
e) FABRIC PRODUCTS OR PATTERN DESIGNS FOR RESALE
f) STOCK ILLUSTRATION FOR RESALE
9.1 ALPHABET OR LETTERFORM RELATED PRODUCTS FOR RESALE. Letterform and Alphabet Products include, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, including but not limited to, digital alphabets (Alphas); adhesive sticker alphabet products; embroidery letters or fonts, use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold. These restrictions do not apply to laser or inkjet printers used for those purposes generally associated with professional design such as, graphic and industrial design, or to sign-making facilities, provided the end product is a finished, work of design or ready to use sign.
9.2 PERSONALIZED PRODUCTS FOR RESALE. Personalized Products include, but are not limited to use of the Font Software to create physical goods for retail sale, by way of example only, using the Font Software as a resource to create individually customized T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle or other similar services. If you wish to use the Font Software for such purposes, the number of desired individual customized uses (Impressions) must be reported and licensed. Impressions may be purchased by contacting Jeff Kahn at http://jeffkahn.org/get-in-touch. Failure to purchase the proper license for such uses is a breach of this license, causing significant monetary harm to Jeff Kahn.
9.3 BROADCAST USE. Broadcast, Exhibition, Internet and Film Usage includes, but is not limited to the use of the Font Software to create titling and/or credits for any broadcast via television, on the Internet and/or cable and/or motion picture theatrical distribution and/or exhibition. For use in film or in television broadcasts and where a license for the same has been purchased, the terms of any such License are limited to an annual broadcast season or the initial release. Unless otherwise provided for, broadcast usage licensing must be renewed prior to following season (whether original or re-rerun, both foreign and domestic) to retain a valid license. Failure to renew a broadcast, exhibition and film usage license is a breach of this license causing significant monetary harm to Jeff Kahn. Additional licensing options are available.
9.4 EMBEDDING IN ELECTRONIC DEVICES. Embedding in Electronic Devices includes, but is not limited to, the use of the Font Software for any on-screen display or in an electronic device. For example, and not by way of limitation, such electronic devices include electronic books, electronic book readers, such as, by way of illustration, not limitation, Kindle, iBook, Nook, electronic kiosks or gaming devices and machines. Upon the purchase of a license upgrade the Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device. NOTE: This restriction may not apply to a laptop or notebook depending upon the license you purchased.
9.5 LARGE VOLUME COMMERCIAL USES. Large Volume Commercial Uses include, but are not limited to, proper and authorized use of the Font Software in the creation of products, promotional campaigns and related materials; advertising campaigns and related materials; product packaging, goods for sale, or materials that require or results in the creation of more than 250,000 reproductions (digital or printed combined); interior or exterior store signage for regional, national or international uses including billboards. Under such circumstances an additional license will be required.
10. ARTWORK RESTRICTED. In the event any dingbats or other art work forms are part of the Font Software, use of the artwork is further restricted. You may not use artwork, drawings or dingbats for professional uses such as, but not limited to, goods for sale, in logo design, retail packaging or point of sale displays. Any such use requires the purchase of a license upgrade.
11. ONE BACK-UP. You are permitted to make a single back-up copy. The Jeff Kahn Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.
12. DERIVATIVE WORKS PROHIBITED. You may not alter Font Software in any manner whatsoever. Reformatting the Font Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. You hereby agree not to transmit any electronic document to any party that intends to “hack,” edit, alter, enhance, or otherwise modify or remove the Font Software any document. Derivative works based upon the Jeff Kahn Font Software may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Jeff Kahn. Jeff Kahn shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.
13. BREACH AND TERMINATION. This Agreement is effective until terminated. Jeff Kahn reserves the right to terminate this Agreement and any or all of your rights hereunder effective immediately if you fail to comply with any term of this Agreement, including without limitation by exceeding the scope of the license granted in paragraph 1 above. Upon any such termination you will destroy the original and all copies of the Typefaces and cease all use of the Typefaces and the Trademarks. The termination of this Agreement shall automatically, and without any further action by Jeff Kahn, terminate and extinguish the license granted herein. Jeff Kahn reserves the right to make routine inspections of the Typefaces, to which end you agree to surrender the Typefaces to Jeff Kahn, by e-mail, immediately upon receipt of written notice. YOU HEREBY WAIVE ANY AND ALL CHALLENGES TO, OR CLAIMS OR DEFENSES REGARDING, JEFF KAHN’S RIGHTS IN THE TYPEFACES, JEFF KAHN’S RIGHT TO TERMINATE THIS AGREEMENT PURSUANT TO THE TERMS HEREOF, AND JEFF KAHN’S RIGHTS TO CARRY OUT INSPECTIONS OF THE TYPEFACES AS PROVIDED HEREIN.
14. COMPLIANCE WITH LAWS. You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Font Software. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply. The contractor / manufacturer is Jeff Kahn, Santee, CA 92071.
15. REVOCATION OF WARRANTIES. Subject to the representations and warranties stated herein, the Font Software is provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Jeff Kahn hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JEFF KAHN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL JEFF KAHN BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL JEFF KAHN’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF FONT SOFTWARE OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF JEFF KAHN.
16. OTHER LAW – CONSUMERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
17. GOVERNING LAW. This Agreement will be governed by the laws of the State of California as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts selected by Jeff Kahn for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by mail. All remedies are cumulative not exclusive.
18. COMPLETE AGREEMENT. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Jeff Kahn and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Jeff Kahn and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Jeff Kahn unless Jeff Kahn gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. Jeff Kahn expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.
19. MISCELLANEOUS. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either express or implied, between the parties with respect to the subject matter hereof. The failure of Jeff Kahn to insist upon strict adherence to any term of this Agreement on any occasion shall not be construed as a waiver and shall not deprive Jeff Kahn of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The headings used herein are for reference only and shall not affect the construction of this Agreement.
20. LICENSE UPGRADES. License upgrades may be purchased for uses that are prohibited or otherwise restricted. All broadcast, film, commercial exhibition, large installations for business, enterprise or otherwise substantially unrestricted or unlimited uses of Jeff Kahn Font Software will require a custom license agreement. You may contact Jeff Kahn at http://jeffkahn.org/get-in-touch for custom licensing information.