This is version 1.0 of the Monokrom End User Licensing Agreement.
Summaries
Marked in color below are brief explanations of the legal text. They don’t limit, expand, or in any way change the terms of this agreement. They are simply a helpful guide.
License text
Contractual relationships
Parties
This License is an agreement between you, the License Holder, and Monokrom Skriftforlag AS, hereby known as Monokrom, governing the use of the Font Software. By purchasing, downloading, installing, using, or otherwise handling the Font Software, the License Holder accepts the terms of this License and acknowledges understanding and complying with its Licensing Terms.
This License grants the License Holder perpetual, non-exclusive and non-transferable rights to use of the Font Software according to the following Licensing Terms.
Replacement of all previous agreements
This License replaces and supersedes any previously made oral or written proposal or agreement between the License Holder and/or Purchaser and Monokrom.
Purchases on behalf of License Holder
If the License is purchased by an intermediate on behalf of the License Holder, this person and/or legal entity is hereby called the Purchaser.
In accepting the terms of this License on behalf of the License Holder, you, the Purchaser, acknowledges the License Holder’s understanding and complying with Monokrom’s Licensing Terms without any alterations and/or amendments.
The Purchaser is not permitted to charge the License Holder any other price than what is charged by Monokrom.
Definitions
Subcontractor
A Subcontractor is a person and/or legal entity hired by the License Holder to produce graphics using or embedding the Font Software.
Licensing Fee
The Licensing Fee is the cost of obtaining a License.
Typeface
A Typeface is a uniquely designed alphabet, its glyph shapes, spacing rules, as well as any underlying code. The Typeface is separated into one, or more, related Styles. Copyright to the Typeface belongs to its original designer(s).
Style
A Style is a variant of a Typeface. Example: Satyr is a Typeface. Satyr Regular and Italic are Styles.
Font Software
The Font Software is a digital representation of the Typeface or Style as a package of digital font files. Trademarks and Copyrights to the Font Software are governed by Monokrom.
Workstation
A Workstation is a computer, device, virtual environment or online platform that allows installation and use of the Font Software.
Employees
When determining the number of Employees, we count the full number of all personnel – permanent, temporary, and part-time, including paid and unpaid personnel – involved with the License Holder’s business activities, including Subcontractors. Any legal entities involved in production and/or legal ownership of any Design Product are counted towards the Employees.
External Distributors
An External Distributor is defined as any legal entity that distributes a Design Product without being involved in the production and/or legal ownership of it.
Design Products
A Design Product is defined as any visual product produced using or embedding the Font Software. Design Products include the following categories.
Printed Graphics
Printed reproduction, and unlimited distribution, of any kind of visual graphic produced using the Font Software.
Digital Graphics
Digital reproduction, and unlimited distribution, of any kind of visual graphic produced using the Font Software.
Web
Embedding, and unlimited distribution, of the Font Software in digital websites.
App
Embedding, and unlimited distribution, of the Font Software in digital software.
ePub
Embedding, and unlimited distribution, of the Font Software in electronic books.
Social Media
Digital reproduction, and unlimited distribution, of any social media content produced using the Font Software.
Logotype
Digital and printed reproduction, and unlimited distribution, of logotypes produced using the Font Software.
Broadcasting
Digital, printed, or photographic reproduction, and unlimited distribution, of any kind of audiovisual graphics produced using the Font Software displayed and distributed on cinema, tv, digital streaming services, or made available for digital download.
Server Embedding
Embedding of the Font Software in License Holder servers, platforms, or services, with the purpose of granting non-licensed users access to produce visual graphics using the Font Software.
Hardware Embedding
Embedding of the Font Software in hardware products.
Alphabet Products
Alphabet Products are products where the Font Software and/or the Typeface is the primary product, including, but not limited to, digital fonts, letterpress fonts, dry-transfer lettering, fridge magnet letters, house numbersm and alphabet stencils. Production and distribution of Alphabet Products is not permitted by any of our retail licenses. Please contact post@monokrom.no for inquiries.
License terms
License ownership and tiers
The License is registered to a single named License Holder, and only allows use of the Font Software in the production and/or rendering of visual graphics for this License Holder’s business activities.
The rights granted to the License Holder are specified by the selected License type.
The Licensing Tier is determined by number of Employees, as defined above. Failure to acquire the correct Licensing Tier constitutes a breach of the License.
Design Products embedding, or using graphics produced with, the Font Software can be distributed by External Distributors without counting their personnel towards the number of Employees, provided the External Distributors are not in any way involved in the production, or legal ownership of, said Design Products.
The name and information of the License Holder, the name and information of any intermediate Purchaser, and the selected License Tier is specified upon purchase of a License and stated in the License Holder’s, or intermediate Purchaser’s, invoice.
File handling
The Font Software may be installed and used on any number of Workstations owned by, and operated by, the License Holder, their personnel, and external Subcontractors.
The License Holder is permitted to make archived copies of the Font Software.
Monokrom requires that embedded Font Software is non-installable (in “woff” or “woff2”, or equivalent formats), and that a minimal effort is made to ensure any installable Font Software is not made directly available to the public.
File sharing
It is not permitted to upload the Font Software to public code repositories or in any other way make the Font Software available for direct download by unlicensed users, except the secure embedding of Font Software in websites.
The Font Software itself can not be distributed or made available for resale.
Modifications
Letterforms may be extracted from the Font Software, and their visual appearance manipulated, provided letterforms derived from the Font Software are not repackaged and distributed, or sold, as new digital font software.
The Font Software itself can not be modified by the License Holder, their personnel, or any Subcontractors. Any technical or visual changes to the Font Software must be executed by Monokrom.
License transfer
This License is not transferable.
In the event of a License Holder’s restructuring, merging with, or sale to, another legal entity, all rights granted for use of the Font Software are revoked by Monokrom. The new legal entity is entitled to deduct the original Licensing Fee from any purchase of a new License of an equal, or higher, Licensing Fee by submitting proof of ownership of the original License Holder company. Please contact post@monokrom.no for inquiries.
In the event of the License Holder’s financial dissolvement, all rights granted for use of the Font Software are revoked by Monokrom.
License extensions
Unless otherwise specified, the full License Terms apply to any License extensions granted by Monokrom.
License types
Trial
Trial fonts may be installed on your workstation and used for sketching and mockups. It is not permitted to distributed Design Products using or embedding trial fonts.
Basic
The Basic License grants the License Holder and its Subcontractors rights to use the Font Software for the production and unlimited distribution of the following Design Products: Printed Graphics, Digital Graphics, Web, and Social Media.
Extended
The Extended License grants the License Holder and its Subcontractors rights to use the Font Software for the production and unlimited distribution of the following Design Products: Printed Graphics, Digital Graphics, Web, Social Media, App, ePub, Logotype, Broadcasting, Server Embedding, and Hardware Embedding.
Student
The Student License is available for currently enrolled students. It grants the License Holder rights to use the Font Software for the production and limited distribution of the following Design Products: Printed Graphics, Digital Graphics, Web, Social Media, App, ePub, and Logotype. A Student License may be purchased only during the educational period, and remains valid for its duration plus three years after graduation.
General terms
Warranty and support
Monokrom strives to produce our Font Software in accordance with the latest version of the OpenType Specification. If a License Holder can demonstrate that the Font Software does not function accordingly, Monokrom will remedy any shortcomings. Should Monokrom fail to remedy the shortcomings within thirty – 30 – days of first notification, the License Holder is entitled to ask for a refund of the full Licensing Fee within another thirty – 30 – days. Upon refund, the License agreement is terminated with immediate effect and any further use of the Font Software strictly forbidden.
License breach
If the License Holder is notified by Monokrom, or in any other way become aware, of a breach of the License agreement, they have fourteen – 14 – days to acquire a License that covers their use of the Font Software. If the License Holder fails to acquire the proper License within this period, License Holder’s rights to use of the Font Software are terminated with immediate effect.
After termination of the License, License Holder must destroy all copies of the Font Software.
Breach of the License Terms incurs a penalty payment of minimum €2000, and maximum half of the total Licensing Fee. Use of the Font Software without the proper License adds the full Licensing Fee to the penalty payment.
All costs arising from a dispute about, or a violation of, this License are to be borne by the License Holder. License Holder will reimburse Monokrom all costs arising from a dispute about violations of this License agreement.
Any payments relating to a breach of contract, including but not limited to penalties, Licensing Fee, and legal costs, are due within seven – 7 – days from our sending of such invoices to License Holder by email or otherwise.
Rights reserved
Any and all rights not expressly granted in this agreement are reserved to Monokrom.
Warranties
Monokrom warrants that it has the right and authority to enter into this License agreement, and that the Font Software do not infringe any third party intellectual property rights.
Liability
Monokrom’s liability is limited to gross negligence and intent, as well as to the total amount of the Licensing Fee. Monokrom is under no circumstances responsible for any lost revenue, time, etc.
Applicable law and court of jurisdiction
Any dispute regarding the validity, performance, or interpretation of this License agreement shall be governed by the laws of the state of Norway, and any civil lawsuit shall be subject to the exclusive jurisdiction of the courts of Oslo, Norway.
If you have any questions regarding the End User Licensing Agreement, please contact us at post@monokrom.no