END USER LICENSE AGREEMENT (EULA)

[STANDARD]

By purchasing, downloading, installing, using or otherwise handling Ultra Kuhl (the “Licensor”) Font Software (hereafter “font(s)”), you the Licensee (eg. “you”) and any Subcontractors agree to the following End User License Agreement (hereafter “Agreement”). The Licensee is granted a perpetual, worldwide, non-exclusive, non-transferable, non-assignable font license upon full payment. Font delivery follows full payment, and ownership remains with us, reserving all not granted rights. Any previously made proposal or agreement between you and the Licensor is replaced and superseded by this Agreement.

DEFINITIONS

- Font Software or fonts: The font software provided by the Licensor, including any updates or modifications.

- Licensee (“you”): The individual or entity purchasing and using the Font Software.

- Subcontractors: Third parties contracted by the Licensee who may use the Font Software under the terms of this Agreement.

- Licensed Brand: The specific brand or entity for which the Font Software is licensed.

LICENSE AND COPYRIGHT

- Most important, everyone who installs our fonts needs to be covered by a license.

- All standard license are one-off payments.

- If your company is growing beyond the license metrics you purchased, a license upgrade is required.

- Purchased fonts will remain copyright to the Licensor.

DESKTOP/PRINT LICENSE

Our Desktop License is the basic license required for anyone who installs and uses our fonts for both digital and printed materials, including static images, video content, books, brochures, catalogs, and similar assets for a single brand. You can install our fonts on all of your devices within the licensed brand. Desktop licenses are measured based on the number of employees working for the licensed brand.

WEBFONT SELF-HOSTING LICENSE

With a web license, you can embed and self-host our fonts using the @font-face CSS method. A web license applies to one domain; if you want to use our fonts on another domain, you’ll need to purchase an additional web license. Web licenses are measured based on the monthly page views of the website.

APP LICENSE

With an app license, you can embed the font within a single app, whether it’s a game, mobile app, or similar application. Your app can operate on any operating system or software platform without restrictions. App licenses are measured based on the total number of downloads by end users.

SOCIAL MEDIA LICENSE

With a social media license, you can use all content materials across all your brand’s social media platforms, including Instagram, Facebook, TikTok, and similar channels. Social media licenses are measured based on the total number of followers combined across all platforms.

LOGO LICENSE

With a logo license, you can use our fonts for a logo or wordmark for a single brand. Your designer can utilize design software (such as Illustrator or Photoshop) to create outlines of our fonts to customize the logo or wordmark. You are authorized to use our fonts in all parts of a logo, wordmark, tagline, slogan, monogram, symbol, emblem, and any other similar graphical element.

SUBCONTRACTOR LICENSE

A Subcontractor License allows you to pre-purchase a Desktop License on behalf of a contractor, such as a freelancer, agency, or other external collaborator. Contractors covered under this license may use our fonts exclusively to create visual assets, layouts, or other brand-related materials for your brand, and only within the scope of your purchased license. All Subcontractor Licenses are centrally managed by you, the Licensee. You are permitted to share the Font Software with your approved contractors under this arrangement, provided that they use it solely for your brand’s project and delete all copies of the Font Software once their work is completed. Contractors are fully bound by the terms and conditions of this Standard EULA and may not use the fonts for other clients, personal projects, or beyond the licensed scope. You, the Licensee, remain fully responsible for any misuse of the Font Software by your contractors.

STUDENT LICENSE

The Student License is available to individuals who are currently enrolled as students at an accredited educational institution. To qualify for this license, the Licensee must provide proof of student status if requested, such as a valid student ID or enrollment confirmation. The Student License grants the Licensee the right to use the Font Software solely for self-created projects related to their educational curriculum and personal portfolio. The Licensee may use the Font Software for commercial purposes, including but not limited to client projects, paid freelance work, or any other activity intended for monetary gain. The Student License only covers personal use; clients must obtain their own accurate license for any client work. If the Licensee is no longer eligible for student status, the Student License will automatically convert into a one-person Desktop License, allowing continued use of the Font Software under the new license terms.

TRIAL-FONT LICENSE

- As a designer, you can use our trial fonts when pitching projects to your clients. However, once you start creating materials for a client, you’ll need a license. Your client also needs a license as soon as they use your work with our fonts in public.

- Trial licenses allows you to test and preview our fonts and should be not used in any commercial or personal project.

LICENSE EXTENSIONS

We offer additional license extensions, including but not limited to:

- End-User License for Authorized Suppliers (Subcontractors)

- Corporate License (unlimited use)

- Cinema

- TV, Streaming License

- Print and Digital Ads License

- TV Ads License

- Server License

- Electronic Publication License. (E-Pub)

- Print Publisher License

For more information about our License Extensions, please contact us at mail@ultra-kuhl.com.

RESTRICTIONS

- The Font Software may not be modified or renamed without prior written consent from the Licensor. If you are interested in a customized version of our fonts, please contact us.

- Conversion of the Font Software into different formats (e.g., converting .OTF into .WOFF) is prohibited.

- The Licensee may not use the Font Software’s data, design paths, metrics, or kerning data to create new fonts.

- Sharing the Font Software with unauthorized third parties is prohibited.

- The Font Software may not be sold, lent, or given away in any form.

- Use of the Font Software in a political context without permission is prohibited.

- Use of the Font Software in violent or discriminatory contexts is prohibited.

- Temporary provision of the Font Software to a commercial printer or other pre-press facility is permitted strictly for the purpose of printing and preparing documents. The fonts must be deleted by the third party once the printing project is completed.

Any breach of these restrictions may result in termination of this Agreement or voiding of the warranty.

WARRANTY / LIABILITY

You are aware software could be never completely error-free. In the uncertain case of a material defect, according to the documentation, we will do anything to resolve the problem with you. If you are still not satisfied with our product, the Licensor grant upon receipt a 30-day warranty. The licensee must give the full registered name and email address which matches the previous transaction and certify that no copy remains in his possession or control. If proceeded, the Licensee has to destroy all Font Software copies and we will refund your money, which shall be the limited of our liability. The warranty begins from the day of purchase.

While we make every effort to produce our Font Software to the highest technical standards and thoroughly check for errors, in no circumstance we take responsibility for any direct or indirect damages incurred by users or third parties. This includes damages to hardware, data, software, loss of income, or any other liabilities that may arise due to the use of our Font Software. We are also not liable for any damages resulting from a breach of your obligations, representations, or warranties under this agreement. All Licensor software installed is done so at the Licensee’s risk and we, the Licensor, will not be held responsible.

We do not guarantee all provided functions of our Font Software, according to the documentation, for Microsoft Windows Systems and Microsoft Office Software. Problems caused by using these systems will not affect the warranty and is done at the licensee’s own risk.

INDEMNIFICATION

The Licensee agrees to indemnify, defend, and hold harmless the Licensor, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to:

- The Licensee’s use or misuse of the Font Software.

- Any violation of this Agreement by the Licensee.

- Infringement of any intellectual property or other rights of any person or entity by the Licensee.

TERMINATION AND PENALTIES FOR BREACH

This Agreement is effective until terminated. The Licensor may terminate this Agreement immediately if the Licensee fails to comply with any term of this Agreement. If you are notified by us, or if you become aware of any breach, you have fourteen (14) calendar days to rectify the situation to the Licensor’s reasonable satisfaction. Failure to cure the breach within this period will result in the immediate termination of the Agreement. Upon termination, you agree to immediately cease all use of the Font Software, destroy all copies in your possession or control, and, upon request, provide written certification of such destruction to the Licensor. In the event of an uncured breach, you also agree to pay a penalty of half the total license fee for the Fonts used, with a minimum of EUR 2.000,00. If the Fonts have been used without a proper license, the full amount of the license fee for such use will be added to the penalty. You will bear all costs arising from any disputes related to violations of this EULA, including legal fees. All payments related to breaches, including penalties, additional licensing fees, and legal costs, are payable within fourteen (14) calendar days of the date on which the invoice is sent to you by email or other methods.

MARKETING AND PROMOTIONAL USE

Upon public utilization of our licensed fonts, we reserve the right to feature your company name and use cases in our promotional efforts. Should you wish to withhold such permissions, kindly notify us via email within a seven (7) day window surrounding your purchase date. This protocol ensures we can demonstrate the applicability of our fonts while honoring your confidentiality preferences.

MISCELLANEOUS

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings. The Licensee may not assign or transfer their rights under this Agreement without the Licensor’s prior written consent. The Licensor reserves the right to update or modify this Agreement; however, such changes will not affect licenses purchased prior to the modification unless agreed upon by both parties.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Berlin, Germany.

CONTACT

If you have any question, please get in touch - mail@ultra-kuhl.com

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