This is an agreement between the Licensee and Pen and Lens (hereafter “Akimbo”). The License, or “License Owner”, is the business entity for whom the typeface is at service and in use (and not the commissioned designer or agency creating the work). By purchasing, or downloading, or installing, or using, or otherwise handling digital typeface software (hereafter “font(s)”) by Akimbo, the Licensee automatically accepts the terms of this agreement and acknowledges understanding and complying with its terms.
Acquiring a license from Akimbo grants the Licensee the right to use the specified font(s) on a specified number of workstations, and/or in a specified number of applications, used or visited by a specified number of visitors or users. The Licensee is not purchasing the copyright to the design or any other part of the fonts, but the right to use the font(s) as specified in this agreement, according to the Licensee’s specified license type(s). All uses not specifically licensed require a separate license.
→ The number of websites onto which the Licensee may install the font(s), and the number of visitors these website(s) may serve, is dependent on the license purchased and referenced on the Licensee’s invoice. In the case of an increase in visitor and view numbers, the license must be updated on an annual basis. In the case of the closure of a website, the font(s) and/or the license to use the fonts cannot be transferred.
→ License metrics are views per month.
→ The font(s) for a web license are provided in WOFF format and must be self-hosted on the Licensee’s server(s).
→ Web-fonts have to be acquired as such and cannot be generated from print-fonts or other files. They cannot be used for any purpose other than that defined by the license.
→ License Owner is the end client for who the typeface is in use – not the commissioned designer or agency.
→ The Print License is calculated based on the total size of the company which owns font(s). The company size is referenced on the Licensee’s invoice. If the size of the company increases, the license must be updated. In the case of the closure or merging of business entities, the license and the fonts cannot be transferred.
→ All licensed work-stations must legally belong to one business entity. If the business entity employs any third parties or self-employed or temporarily-employed freelancers, a separate license is necessary for those parties.
→ The font(s) are provided in OTF format and may be used offline only. The Licensee can make security copies of the font(s) as long as they remain inaccessible to external parties.
→ When embedded in production files, a copy of the font(s) may be shared with prepress and printing entities. If any of these external entities manipulate texts using Akimbo font(s), an individual license is necessary for those parties.
→ The font(s) may be embedded into public PDF files as vector outlines.
→ Print-font(s) must not be used to generate web-font(s).
→ The number of App/eBook files into which the Licensee may embed the font(s), and the number of users/readers these App/eBook files may serve, depends on the license purchased and referenced on the Licensee’s invoice. In the case of an increase in users/readers, the license must be updated. In the case of the termination of a title, the font(s) and the license cannot be transferred.
→ The fonts(s) are provided in OTF format and may be embedded into the App/eBook file(s).
→ This license allows for any kind of broadcasting with the typeface (streaming, type on screens, advertising, video clips, tv or cinema).—The number of film or episode titles in which the Licensee may use the font(s), the geographic territory in which these film or episode titles may be streamed or broadcast, the duration for which these film or episode titles may be streamed or broadcast, and the number of viewers who may receive or stream these film or episode titles, is dependent on the license purchased and referenced on the Licensee’s invoice. In the case of territory extension or additional film or episode titles, the license has to be updated. A broadcasting/streaming license and the fonts cannot be transferred.
→ Broadcasting fonts are provided in OTF format and may be used offline only.
→ A broadcasting license is an annual and automatically renewing fee. In case of discontinuation, the license has to be canceled by the Licensee one month prior to the end of the 1 year term.
→ Print font(s) for educational institutions may be installed on all institutional workstations and distributed to the institution’s students.
→ Print font(s) for educational institutions must be used for non-commercial projects only.
→ Students must delete print font(s) for educational institutions on graduating from the licensed institution.
→ When projects leave an educational context, licenses must be updated and the fonts must be licensed.
→ A corporate license combines Print, Web, and App/eBook licenses and allows the installation of the print font(s) onto an unlimited number of work stations, the installation of the font(s) onto a website serving an unlimited number of visitors, and the embedding of the font(s) into an App/eBook serving an unlimited number of users/readers.
→ A corporate license does not include a Broadcasting/Streaming License.
→ A subcontractor license is an optional supplement to the corporate license and allows the Licensee to pass on the font(s) to subcontractors involved in production(s) connected to the font(s) agreed use.
→ If a typeface is used in the logo or word mark of the company, an additional fee applies. It depends on the yearly gross revenue of the company.
→ Font(s) created by Akimbo, including Custom Typefaces, and all their constituents must not be amended, regenerated, or reformatted in any way. Any rights, including but not limited to copyrights and trademarks, remain with Akimbo.
→ Font(s) created by Akimbo, including Custom Typefaces, and all their constituents must not be resold, lent, rented, distributed, or traded in any way to third parties.
→ Any expansion or derivatives of Font(s) created by Akimbo must be done or authorised by Akimbo.
→ The use of Font(s) created by Akimbo in blasphemous material, illegal pornographic material, criminally deceptive material, dishonest material, anti-gay material, racist material or in any illegal industry of any kind / general malicious or hate activities is not permitted ever.
→ Akimbo guarantees its font(s) to be free of defect for fourteen (14) days upon purchase. Claims must include receipt and documentation of the defect
→ Refunds are granted only when software defects cannot be resolved by Akimbo. Any refund immediately terminates the Licensee’s right to use the font(s).
→ Any use of Akimbo font(s) that may result in harm, death, injury, property or environmental damages is not permitted.
→ In no event is Akimbo liable for any loss or damages caused by the use of their font(s), including lost profits, lost data, lost business opportunities, or lost savings.
→ Some jurisdictions do not allow the exclusions of limitations of incidental, consequential, or special damages, so the above exclusion may not apply to the Licensee. Some jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the Licensee. To the extent permitted by law, any implied warranties are limited to fourteen (14) days.
→ The Licensee agrees that font(s), its design, structure, organisation, encoding, and all its copies are owned by and valuable property of Akimbo and protected under United States law, by the copyright and trademark laws of other countries and international treaties.
→ The fonts are not warranted to operate on all computer operating systems. Akimbo is not responsible for operating system errors or inoperability faults.
→ Any breach of this agreement immediately voids and annuls the complete license and any usage right of the font(s) with immediate effect.
→ In the event of termination, all fonts and back-up copies must be deleted; this act has to be documented/assured upon request of Akimbo.
→ The Licensee is obliged to undertake all steps to prevent unauthorized access to the fonts and its copies.
→ If the Licensee grants employees or representatives access to the font software, the Licensee is required to inform them of this EULA.
→ This EULA represents the complete agreement between the parties; all verbal communications and prior communications regarding the application of the licensed font(s) are not valid or effective. Any and all rights not expressly granted in this agreement are reserved to Akimbo.
→ This license agreement cannot be amended without written permission of Akimbo. Any amendment will be supervised by Akimbo’s attorney; attorney fees are at the expense of the licensee.
→ All disputes arising from this agreement are exclusive subject to the law of the United States. The rights and obligations of the parties arising from this contract are based on U.S. law as it relates to contracts made in the United States of America and fully performed therein. The conflict of law provisions of Federal Courts located in the Eastern or Southern, New York, USA nor the conflict of law provisions of any other jurisdiction do not apply. The Licensee expressly consents to the jurisdiction of the United States of America Courts over any dispute arising out of this agreement, even if the breach of contractual rights takes place in a foreign country. Place of jurisdiction is Federal Courts located in the Eastern or Southern, New York, USA– All legal fees arising from a dispute over or breach of this agreement are to be covered by the Licensee; the Licensee will reimburse Akimbo for any legal fees arising from a dispute over violations of this EULA– Any violation of this license entitles Akimbo to payment by the licensee of all costs incurred by it, to investigate and address the violation, enforce the License and/or finalize a settlement, including reasonable investigators’ and attorneys’ fees.
→ The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the parties.