Changes to our App Font End User Licence Agreement (EULA), or “Font Licence Agreement” and new App Font pricing

Klim Type Foundry’s (Klim) End User Licence Agreements (EULAs) were last updated in November 2016.

There is a separate, distinct EULA (or “Font Licence Agreement”) for each type of font format that Klim sells, i.e. Desktop fonts, Web fonts and App fonts. These each have unique terms and conditions.

Below we’ve itemised the key changes to our App Font Licence Agreement, as well as the changes to pricing. For any purchase of Klim app fonts on or after 29 April 2019, these new terms apply.

We've reviewed this licence to better meet the needs and common use cases of our customers,  specifically, we have made these changes to:

• simplify licensing for various types of apps across different operating systems and software platforms.
• reduce the number of font licence agreement variations on offer from Klim.
• bring the licensing pricing structure in-line with our other font licensing for Desktop and Web formats.

Important change to Application definition:

We’ve broadened the definition of “Application” to allow for most software on most systems. We now define an Application as:

“software designed to run and function on any software platform, on any operating system. A single App Font licence covers Applications that are functionally equivalent across multiple platforms and operating systems.”

An Application includes things like mobile apps, desktop apps, web apps and games. If the Application is functionally equivalent across multiple platforms and systems, then you only need the one license.

Changes to app licensing pricing structure:

The important change to our app font pricing structure is the change from ‘per app’ to actual use. This use is measured by the number of Monthly Active Users (MAU) or by the total number of Downloads of an app. Anyone wanting to use Klim fonts in an app can now opt to purchase the font licence they need based on either of these two metrics.

If the number of MAUs or Downloads of your app increases over time you must purchase a licence upgrade to cover this use. This aligns with the upgrades currently required for increases in website page views or desktop installs under our other two EULAs.

All App Font Licence Agreement changes:

• Added wording into the introductory paragraphs to clarify parent company and subsidiary licensing requirements.
• Removed unnecessary wording in the introductory paragraphs that was already covered by 4. Rights Reserved., specifically by sub-clause 4a.
• The definition of “Application” now includes any operating system and any software platform.
• The definition of “End User” is split out from “You”/“Your” for clarity.
• Added a definition for “Font”, “Fonts” or “Font software” to align with the definition included in the Desktop EULA.
• Added new definitions for “Monthly Active User (MAU)”, “Average” and “Downloads” to ensure understanding for the new Consumption sub-clauses at 3g. and 3h. This replaces the former clause 2c., which granted unlimited downloads and distribution without the need for upgrade.
• 3a. replaces 2a. and now includes more use cases for the fonts across different operating systems and software platforms.
• There is now no provision for use of the fonts on a third party application or platform. Formerly sub-clause 2b. Third party applications or platforms.
• For clarity, the wording about the perpetual term of the font licence has been moved from the introductory paragraphs to a new clause, 2. No Expiry. (All subsequent clauses and sub-clauses have been re-numbered accordingly.)
• Added wording into 4. Rights Reserved, sub-clause 4a. to ensure it is explicit that Klim has all the necessary rights and titles to licence the fonts.
• Amended the wording in 5. Warranties and Limitations, sub-clause 5a. to be consistent across all three EULAs.

This new app font licence collates the terms of three former app-related font licences: our standard App Font Licence Agreement; our Web App Font Licence Agreement; and our Desktop App Font Licence Agreement. The two latter agreements were not available directly via our website.

You can view the new App Font Licence Agreement here.

You can view the new App Font pricing on the retail font buy pages. Use the drop-down menu to select a licence size/pricing tier.

For further information about App Font Licensing and pricing see our FAQs.

Prior App Font Licence purchases

If you licenced app fonts from Klim before 29 April 2019 the terms of the app font licence you have agreed to remain valid.

There are no additional payments or actions required from any person who purchased an App Font Licence, Web App Font Licence, or a Desktop App Font Licence from us before this date.

We will not be offering refunds, credits or adjustments to any person who purchased any type of app font licence from us before this date. All sales are final.

A copy of the former App Font Licence Agreement is available on request.

Related updates to our Desktop Font and Web Font End User Licence Agreements (EULAs), or “Font Licence Agreements”

In tandem with changes we’ve made to the App Font Licence Agreement we’ve also made some small tweaks to the Desktop Font and Web Font EULAs too.

These changes are minor and are listed below for reference:

• Added wording into the introductory paragraphs to clarify parent company and subsidiary licensing requirements.
• Removed unnecessary wording in the introductory paragraphs that was already covered by 4. Rights Reserved., specifically by sub-clause 4a.
• Added a definition for “Font”, “Fonts” or “Font software” to the Web Font EULA to align with the definition included in the Desktop EULA and new App Font EULA.
• For clarity, the wording about the perpetual term of the font licence has been moved from the introductory paragraphs to a new clause, 2. No Expiry. (All subsequent clauses and sub-clauses have been re-numbered accordingly.)
• Added a sentence into 3a. of the Desktop EULA to make explicit the requirement to upgrade if the use of the fonts increases.
• Added wording into 4. Rights Reserved., sub-clause 4a. to ensure it is explicit that Klim has all the necessary rights and titles to licence the fonts.
• Amended the wording in 5. Warranties and Limitations, sub-clause 5a. to be consistent across all three EULAs.

Copies of the former Desktop Font Licence Agreement and Web Font Licence Agreement are available on request.

Please do read all font licence terms carefully before you make a purchase with us as the licence will become a formal contract between you and Klim.

If you have any questions please contact: support@klim.co.nz.