This Font Software Extended License Agreement (the "Agreement") is a binding contract between a Licensee and the Licensor, ‘Out of Step Font Company’. This Agreement becomes binding when the software is downloaded or acquired from any hard media.

If a Licensee refuses to be bound by the Agreement, that Entity cannot download or use the Font Software.

Please read this entire Agreement before agreeing to be bound. It is recommended that this Font Software License Agreement is printed and stored for further reference.

1                  Licensing

This Extended License Agreement has been developed with the intention of providing a single Extended License with which an organization can be granted unlimited usage of a selected Font. However, due to the complexity and scope with which organizations may operate, limitations are imposed on the reach with which an organization may use this Extended License.

The grant of this license shall be limited to a single Licensee. The Licensee shall be limited to a single Legal Entity. Where a Legal Entity is comprised of multiple brands, the Licensee shall be limited to a single Brand, subject to the definitions provided in this Agreement.

1.1            Definition

For the purposes of this Agreement, a 'Legal Entity' shall be defined as:

• A single organization, legally registered within the jurisdiction in which it operates, as either a corporation, limited liability company, limited partnership, sole proprietorship, cooperative, or not-for-profit,
• separate from any subsidiary organization, legally registered separately, and owned by the Licensee, and
• separate from any organization, legally registered separately, holding ownership of the Legal Entity owning this Extended License.

For the purposes of this Agreement, a 'Brand' shall be defined as:

• An identity, including all registered or unregistered marks, trademarks, slogans, or other branding elements, that is used by a Licensee for the purposes of distinguishing the goods and/or services of a business from its competitors, and other brands owned by that Legal Entity.

1.2            Licensed Unit

The Extended License is intended for use by a singular Licensee, and entitles the holder to the use of the Font Software on one (1) Licensed Unit, defined as follows:

• Unlimited number of user terminals (Workstations)
• Unlimited number of servers
• Unlimited number of printers

1.3            Limitations

 The grant of license is subject to the limitations and exemptions described in this Agreement. Use of the Font Software shall be limited to:

• Use of Font Software by a single Licensee
• Installation of the Font Software only onto machines owned, leased, or administered by the Licensee
• Use of Font Software in desktop applications with a font menu, whereby those applications are licensed by and administered by the Licensee

2                  Acceptable Use

This Extended License Agreement are intended to grant usage of the Font Software to a single Licensee, as described below:

• All accepted uses as permitted under Standard End User License,
• All accepted uses as permitted under a Webfont License,
• All accepted uses as permitted under a Electronic Publication License,
• All accepted uses as permitted under a Mobile Application License, and
• All accepted uses as permitted under a Server License,
• Only as modified herein.

2.1            Exclusions

The following uses are excluded from inclusion in this Extended License:

• All uses as administered under a Broadcast License,
• All accepted uses as permitted under an Advertising License, and
• Embedding of the Font Software into any hardware devices that are offered for sale or included in a product that is offered for sale by the Licensee

2.2            Standard End Use under this Agreement

This Extended License entitles a Licensee to the use of the Font Software as listed below:

• Use of Font Software by an unlimited number of desktop / laptop users
• Use of Font Software by an unlimited number of user terminals (Workstations)
• Use of Font Software by an unlimited number of printers
• Use of Font Software by an unlimited number of servers
• Use of Font Software in applications on computers owned, leased, or administered by the Licensee
• Use of Font Software in desktop applications with a font menu
• Create and print documents
• Create static images (such as .jpeg, .jpg, .tiff, .png, .bmp, etc), including logos, for use on the web, in print, or in a mobile app
• Embedding of the Font Software in Commercial documents, made available for sale

2.2.1     Additional Users

Under the Extended License, additional licenses are not required for each user,

• Subject to the limitations of the license grant, as stated above

2.2.2     Access

The Extended License grants the Licensee the rights to the installation of the Font Software on the individual Workstations, or access of the Font Software through a server, subject to the limitations provided in this Agreement.

2.2.3     Workstation Servers

A Licensed Unit may consist of both Internal and external (internet-accessed) Workstations.

2.2.4     Commercial Printing

The Font Software may be provided to a commercial printer for printing only, and only where embedded in an electronic document.

The commercial printer may only be provided with a copy of Font Software if the printer has purchased or otherwise acquired a Standard or Multi-User license to use the Font Software.

2.3            Webfont Use Under this Agreement

The Extended License entitles the Licensee to the use of the Font Software as listed below. Limitations and exemptions on the below-listed usages are further described in the Agreement.

• Use of the Font Software on one or several websites, only through the use of CSS

2.3.1     Embedding

• The Font Software may be embedded into a website if:
• the Webfont is covered under this license agreement,
• the Font Software is embedded through the use of a the @font-face CSS selector, and not sIFR, Cufón or Typeface.js
• the Font Software is served from a single server owned or controlled by you,
• all websites and domains belong to the owner of this Extended License,
• copyright and other legal information is included in the CSS code,
• all public references to the Font Software will be by use of the Font Software’s original name,
• the Font Software is embedded via a secure system that does not permit the extraction of the embedded Font Software,
• the Font Software is not installed in the operating system of the device on which the website is running, and
• the Font Software is not embedded into hardware of any kind.

2.4            Electronic Publications Use Under this Agreement

This Extended License Agreement grants the Licensee unlimited usage of the Font Software for the creation and sale of Electronic Publications. The acceptable use of the Font Software under the License Agreement is described in the following section.

Under this Agreement, ‘Electronic Publications’ is understood to mean any collection of text and graphics stored in an electronic form and intended for consumption by an individual or entity who downloads or accesses the document to run on a hardware device.

The Extended License entitles the Licensee to the use of the Font Software as listed below. Limitations and exemptions on the below-listed usages are further described in the Agreement.

• Use of Font Software embedded in an e-text product (Electronic Publication)
• An Electronic Publication such as an eBook, eMagazine, eNewspaper, or PDF
• Unlimited number of issues
• Unlimited number of revised or updated publications
• Unlimited number of regional or format variations of a document
• Documents distributed in connection with a commercial transaction where the consideration is unrelated to such document, such as business letters, purchase receipts, or event tickets
• Electronic Publications made available for sale
• Electronic Publications offered for free as part of a paid membership

2.4.1     Additional Publications

Under the Extended License, additional licenses are not required for each Electronic Publication.

2.4.2     Embedding

The Font Software may be embedded into an Electronic Publication if:

• the Font Software is embedded through the use of a file format that protects the Font Software by means of encryption or other means (Adobe or IDPF Font Obfuscation),
• the document is distributed in a secure format that does not permit the extraction of the embedded Font Software, such as but not limited to PDF, EPUB 2 or later, or KF8,
• the Electronic Publication is a non-executable file displayable by e-reader software or on an e-reader device,
• the Font Software is not installed in the operating system of the device on which the Electronic Publication is running, and
• the Font Software is not offered as part of a product released under an open source software agreement.

2.5            Mobile Application Use Under This Agreement

This Extended License Agreement grants the Licensee unlimited usage of the Font Software for the creation, distribution, and sale of Mobile Applications. The acceptable use of the Font Software under the License Agreement is described in the following section.

The Mobile Applications License entitles you to the use of the Font Software as listed below. Limitations and exemptions on the below-listed usages are further described in the Agreement.

• Use of Font Software embedded in a separate and distinct stand-alone software product (Mobile Application)
• The Mobile Application is made commercially or freely available
• The Mobile Application runs on an unlimited number of Mobile Application Platforms
• The Mobile Application is made available to users directly or through a distributor
• Unlimited number of revised or updated Mobile Applications
• Unlimited number or regional variations

2.5.1     Mobile Application Platforms

Under the Extended License, ‘Mobile Application Platform’ is understood to mean a hardware device operating system which runs software applications authorized solely for the application platform.

2.5.2     Embedding

The Font Software may be embedded into a Mobile Application if:

• the Application runs on a Mobile Application Platform,
• the Font Software is embedded through the use of a file format that protects the Font Software by means of encryption or other means,
• the Mobile Application is distributed in a secure format that does not permit the extraction of the embedded Font Software, such as but not limited to iOS, Windows RT, WebOS, or Android,
• the Font Software cannot be accessed by any user outside the Mobile Application,
• the Font Software is not installed in the operating system of the device on which the Mobile Application is running,
• the Font Software is not embedded into hardware of any kind,
• the Mobile Application does not allow the generation of documents, data files, or other output such as but not limited to Adobe PDFs, spreadsheets, word processing documents, or static images,
• the Mobile Application is not a server component in a client / server architecture, and
• the Font Software is not offered as part of a product released under an open source software agreement.

2.6            Server Use Under This Agreement

The Extended License entitles a Licensee to the unlimited use of the Font Software as listed below. Limitations and exemptions on the below-listed usages are further described in the Agreement.

• Server-based usage by website visitors, and
• Browser-based application by remote users

The Font Software may be installed on a server for embedding in public websites. Installation of the Font Software on a server for public use is subject to all requirements of the Webfont Use, with the following exception:

Under the Server License, the Font Software may be embedded by a web design agency, hosting provider, or other entity across multiple clients’ from a single server.

2.6.1     Additional Servers

Under the Extended License, an additional licenses are not required for each server installation,

• Subject to the limitations of the license grant, as stated above

2.6.2     Browser-Based Applications

Under the Extended License, the Licensee is entitled to run:

•  an unlimited number of browser-based applications
• on an unlimited number of Server Application Platforms
• from an unlimited number of servers

2.6.3     Server Application Platforms

Under the Extended License, ‘Server Application Platform’ is understood to mean a browser-based programming language which runs software applications, including but not limited to Flash, Java, or HTML5.

2.6.4     Applications Providing Personalization of Products

The Extended License Agreement allows the use of the Font Software in a Browser-Based Application to enable the customization or personalization of products to unlicensed users for download or purchase. The Extended License holder is entitled to use the Font Software in an Application if:

• the Application runs on a Server Application Platform,
• the Application is served from a server owned or controlled by the Licensee,
• all websites and domains on which the Application runs belong to the owner of the Extended License,
• all public references to the Font Software will be by use of the Font Software’s original name, but only where the reproduction is a faithful representation of the underlying font,
• the Font Software is served via a secure system that does not permit the extraction of the embedded Font Software,
• the Font Software is embedded into the download file via a secure system that does not permit the extraction of the embedded Font Software,
• the Font Software is not installed in the operating system of the device on which the website is running, and
• the Font Software is not embedded into hardware of any kind.

2.6.4.1     Embedding in Personalized Documents or Data Files

The Browser-Based Application may be used to embed the Font Software into personalized documents or data files if

• the Font Software is embedded through the use of a file format that protects the Font Software by means of encryption or other means (Adobe or IDPF Font Obfuscation),
• the document or data file is distributed in a secure format that does not permit the extraction of the embedded Font Software, such as but not limited to PDF, EPUB 2 or later, or KF8,
• the Font Software is not installed in the operating system of the device on which the document or data file is running,
• the Font Software is not offered as part of a product released under an open source software agreement, and
• the Font Software is not embedded into hardware of any kind.

2.6.5     Development Servers

Under the Extended License, the license holder is entitled to unlimited usage on Development Servers. The Font Software may be installed on a Development Server if:

• the server is owned or controlled by the Licensee,
• the server is dedicated to only Internal Development Use,
• the Font Software cannot be transferred or extracted from the server, and
• the server cannot be accessed by unlicensed users or others, either directly or indirectly.

3                  Binding Agreement

The Licensee hereby agrees to be bound by this Agreement and a Licensee acknowledges that all use of the Font Software is governed by this Agreement.

4                  License Grant

The Licensee is hereby granted a non-exclusive, non-assignable license to access the Font Software

• only as part of a Licensed Unit,
• only subject to all of the terms and conditions of the Agreement.

The grant of this license is valid for a period of one hundred (100) years following the date listed on a Licensee Proof of Licensure.

A Licensee may not give, lend, sell, rent, lease, or sublicense the Font Software, or any copy thereof, except as expressly provided in this Agreement.

4.1            Proof of Licensure

A Licensee purchase receipt is the Record of Licensure. The purchase receipt lists the owner of the license, and the name of the Font Software licensed. A copy of the purchase receipt is retained by Out Of Step Font Company.

4.2            Transfer of the License

Grant of the license, consisting of all Licensee rights to use the Font Software, may be transferred to another legal entity (the ‘Transferree’) provided that

• the Transferee accepts this Agreement,
• the Transferee agrees to be bound by all terms and conditions of the Agreement, and
• The Licensee destroys all copies of the Font Software, including permanent removal of all copies recorded onto all forms of digital physical storage media.

4.3            Alterations to Font Software

A Licensee may not alter, change, or modify the Font Software. This includes the addition of functionality that the Font Software did not have when delivered to a Licensee by Out of Step Font Company, or part of the coding stating that the Font Software is only authorized for certain purposes.

4.4            Copies of the Font Software

A Licensee has the right to one (1) back-up copy of the Font Software. The back-up copy is to be used for archival purposes only, such as to restore the Font Software in case of hardware failure.

A Licensee shall retain exclusive custody and control over the back-up copy.

The one (1) back-up copy must contain the same copyright, trademark, and other proprietary notices that appear in the Font Software.

The back-up copy of the Font Software must be destroyed upon termination of the Agreement.

5                   Intellectual and Industrial Property Rights

5.1            Jurisdiction

The Licensee agrees that the Font Software is protected by the copyright law and other intellectual and industrial property rights of Canada and its various Provinces, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.

5.2            Limitations

Under the terms of this agreement, a Licensee may not

• copy the Font Software, except as expressly provided herein,
• adapt, modify, alter, translate, convert, or otherwise change the Font Software,
• create Derivative Works from Font Software or any portion thereof,
• use Font Software in connection with software and/or hardware which create Derivative Works of such Font Software,
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, unless located in a European Community member country where such conduct is legal, and the conduct is in accordance with the applicable local law, and/or
• change any trademark or trade name designation for the Font Software.

Under the terms of this agreement, a Licensee further agrees

• that Out of Step Font Company owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights,
• that the Font Software, its structure, organization, code, and related files are valuable property of Out of Step Font Company and that any intentional or negligent use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights,
• to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name, and
• that the use of any trademark as authorized herein does not give a Licensee any rights of ownership in that trademark. All use of any trademark shall inure to the sole benefit of Out of Step Font Company.

6                  Limited Warranty

The Font Software is provided with a limited warranty. The Font Software is warranted to perform in accordance with its documentation a period of ninety (90) days following download of the Font Software.

If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee the Licensee paid to Out of Step Font Company to purchase the Font Software.

6.1            Exclusions

No warranty is provided on the performance or results obtained through the use of the Font Software.

7                  Termination

This Agreement shall be terminated immediately upon failure by a Licensee or any member of the License Unit to comply with the terms of this Agreement. Notice of termination will be communicated by regular mail, telefax or email.

Termination of the Agreement does not preclude Out of Step Font Company from suing a Licensee for damages as the result of any breach of the Agreement.

8                  Modification

This Agreement may only be modified in writing, and the modifications will only be valid if signed by an authorized officer of Out of Step Font Company.

9                  Company Information

Out of Step Font Company
PO BOX 99900 MC 310 985
RPO Heritage Hills
Mississauga, ON, L5R 0E7
Canada
info@outofstepfontco.com
http://outofstepfontco.com

V1.0, January 8, 2025