Kandal Black (Mark Simonson)
About Mark SimonsonI started out as a graphic designer and illustrator in 1976. During the early part of my career I worked as an art director on a number of magazines and other publications including Metropolis (a Minneapolis weekly, 1977), Machete (a Minneapolis broadsheet, 1978-80), TWA Ambassador (an inflight magazine, 1979-81), Minnesota Monthly (Minnesota Public Radio's regional magazine, 1979-85), and the Utne Reader (1984-88).
I was head designer and art director for Minnesota Public Radio (1981-85) and an art director for its sister company, Rivertown Trading Company (1992-2000). During that time, I designed over 200 audio packages, including most of Garrison Keillor's, along with several hundred products (t-shirts, mugs, rugs, watches, etc.) for the Wireless, Signals, and other mail order catalogs.
I frequently did lettering as part of design projects I worked on. This was always my favorite part, so in 2000 I opened my own shop specializing in lettering and typography.
I've also been interested in typeface design since my college days. I started licensing fonts to FontHaus in 1992, and since starting my new business, stepped up my efforts in developing original typefaces. I now have more than 100 fonts on the market with many more to come.
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End User License Agreement for Mark Simonson Studio - Desktop and Webfonts
PLEASE READ CAREFULLY this document is a legal agreement; you should print a copy for your records.
- Upon payment in full, you will be granted a non-exclusive terminable License to use the Font Software that accompanies this EULA. Use of the Font Software is limited to those Users Authorized by your purchase. For the purposes of the License, "Font Software" shall be defined as the design of the Fonts together with the Software which, when used, generates typeface and typographic designs and ornaments. Personal or Internal Business Use shall mean Use of the Font Software for your customary personal or internal business purposes and, except as may otherwise be permitted herein, shall not mean the commercial distribution or use of Font Software or any component thereof in any Commercial Product whatsoever. You hereby agree that the Font Software shall further comprise all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Font Software shall be deemed to include any upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.
- If you are a design consultancy, advertising agency or purchasing this license for use by or on behalf of such an entity, the ultimate end user should also purchase a license appropriate for the intended use of the Font Software. The license granted herein for personal use does not extend to uses by temporary employees or independent contractors using the Font Software in professional environments or for other professional uses. Under such circumstances your employer and/or the ultimate end user are also required to purchase a license appropriate for their usage.
- For the purposes of this Agreement, "Commercial Product" shall mean an electronic document containing an embedded copy of the Font Software created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public) as a commercial product in exchange for a separate fee or other consideration. By way of example, not limitation, an electronic book or electronic magazine distributed for a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the consideration is unrelated to such document (for example, a business letter or a receipt for purchase of tangible goods such as clothing) shall not be considered a Commercial Product. Commercial products which contain the font in a non-editable manner are permitted.
- Simonson, its successors and assigns, retain all right and title in and to the Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except as may be otherwise expressly permitted herein, you agree not to copy the Font Software or create derivative works based upon the design of the Font or the Font Software. You hereby agree that the design of the Font and the Font Software and that the unauthorized use of the design of the Font or the Font Software is an infringement of Simonson's exclusive rights and causing significant monetary harm. All rights not expressly granted herein are reserved to Simonson. Simonson's rights and remedies in the event of an infringement shall be cumulative in nature.
- You may install and Use the Font Software on a single file server for Use on a single local area network ("LAN") only when the Use of such Font Software is limited to the Users authorized under this Agreement.
- You may not alter Font Software in any manner whatsoever. Reformatting the Font Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. You hereby agree not to transmit any electronic document to any party that intends to "hack," edit, alter, enhance, or otherwise modify or remove the Font Software from any document.
- You may make one (1) back-up copy of Font Software for archival purposes only, and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the back-up copy is a material breach of this Agreement and will result in the immediate termination of this License.
- You may take a digitized copy of the Font Software used for a particular document, or Font Software embedded in an electronic document, to a commercial printer or service bureau for use by the printer or service bureau in printing such document provided that the printer or service bureau represents that it shall destroy any and all copies of the Font Software upon completion of its work.
- The design of the Font, the Font Software and any trademarks associated therewith are the exclusive property of Simonson, Inc. and are protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by other international treaties. You agree to treat the Font Software as you would any other copyrighted material, such as a film or book. Except as expressly provided for here, you may not copy the Font Software. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
- You are permitted to use the Font Software to create logos provided the Font is translated to outlines. You are permitted to modify the fonts solely for your own use. All such modified font software is subject to all the restrictions and limitations of this Agreement and may not be distributed or used in a manner contrary to the terms of this Agreement. Under no circumstances will Simonson be responsible to any end user, whether licensed, authorized or not, for the performance of any user modified font software nor will Simonson support any user modified font software. In the event an end user wishes to engage or hire Simonson modify the licensed Font Software, you are invited to contact Simonson at email@example.com. Otherwise, you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software except as may otherwise be permitted by law. Other jurisdictions may provide for additional rights, and if applicable, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by Simonson upon written request). All trademarks associated with the Simonson Font Software are the exclusive property of Simonson. The Simonson trademarks shall be used in accepted trademark practice, including identification of the trademark owner's name. Use of the trademarks associated with the Font Software or Simonson inures solely to the benefit of Simonson. You may not change any trademark or trade name designation for the Font Software.
- In order to obtain a license upgrade, you must contact firstname.lastname@example.org for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, contact Mark Simonson Studio LLC. The use of Simonson Font Software in the following circumstances and/or applications is NOT permitted without first obtaining the appropriate licensing upgrade.
- ALPHABET OR LETTERFORM- RELATED PRODUCTS FOR RESALE;
- BROADCAST or FILM UNDER CONDITIONS NOTED BELOW;
- ELECTRONIC DEVICE OR GAME EMBEDDING;
- SOFTWARE EMBEDDING UNDER CONDITIONS NOTED BELOW;
i) Letterform or Alphabet Products include, but are not limited to, signage and/or scrapbooking uses involving reproductions of individual letterforms, use in the creation of signage or numbering products, rubber stamps, die-cut products, stencil products, tattoo, Flash, or adhesive sticker alphabet products or any other product containing any image of or derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced.
ii) The embedding or other use of the Fonts or the outlines thereof, in works distributed electronically and/or via physical media is permitted provided the document is "non-editable." Any other uses require a license upgrade and the express written permission of Simonson either or both at the sole discretion of Simonson.
iii) In the event any dingbats or other art forms are part of the Font Software, use of the artwork is further restricted. You may not use artwork, drawings or dingbats on goods for sale, in logo design, retail packaging or point of sale displays and in works that are printed in amounts greater than 500,000 impressions. Any such use requires the purchase of a license upgrade.
- You are permitted to use the Font Software for Broadcast and Film Usage in titling, credits or other forms of attribution with any on-screen broadcast via television, Internet or motion picture titling and for use in film, Flash-type movies, on the Internet, or in television broadcasts, provided the use does not permit interactive "type setting" either as part of the animation or broadcast or such or for print out or for use on goods or products.
- Embedded Electronic Devices includes the use of the Font Software for any on-screen display or on an electronic device outside a single location. For example, and not by way of limitation, such electronic devices include a kiosk, gaming devices, embroidery or sewing machines. Use of the Font Software to create a Company Logo is permitted provided the Fonts are first converted to artwork outlines. The Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device or be transmittable to other devices.
- The Simonson Font Software is licensed for use at a single location by the authorized number of Users. Use of the Font Software in more than one geographic location or by additional Users, requires the purchase a separate or additional license. License upgrades may be purchased for use with additional devices or for additional Users. Large installations for a business, an enterprise or otherwise substantially unrestricted or unlimited uses of the Font Software are only permitted upon the purchase of a custom license agreement. You may contact Simonson at email@example.com for custom licensing information.
- Except as may be otherwise expressly provided for herein, you expressly agree not to rent, lease, sublicense, give, lend, or further distribute the Font Software. You may transfer all your rights under this Agreement to another person or entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device.
- Simonson warrants that the Font Software will perform substantially in accordance with its documentation for thirty (30) days following delivery of the Font Software. To make a warranty claim, you must either return the Font Software to the location from which you obtained it together with a copy of your sales receipt or, if acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. Simonson hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMONSON DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. UNDER NO CIRCUMSTANCES SHALL SIMONSON BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software. Under no circumstances shall Simonson's liability to you exceed either the refunding of the cost of the Font Software or replacement of the Font Software either of which shall be at Simonson's sole discretion.
- OTHER LAW. NON-BUSINESS USERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties. ANY IMPLIED WARRANTY OR OTHER RIGHT CREATED BY LAW IS ONLY EFFECTIVE FOR (30) DAYS. THEREAFTER, NO WARRANTIES OR CONDITIONS OF ANY KIND SHALL BE EFFECTIVE. To the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
- You expressly agree that this Agreement shall be governed by the laws of the State of Minnesota, U.S.A., as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the state and federal courts in the U.S.A. selected by Simonson. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Simonson and you which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Simonson in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Simonson with a provision that effects the intent of the invalid provision.
- Simonson expressly reserves the right to amend or modify this License Agreement at any time and without prior notification, to the extent permitted by law.
- The Agreement shall automatically terminate in the event you or any authorized user breaches the terms set forth herein. Notwithstanding any termination of this License, Simonson expressly reserves any and all other remedies under equity or law. The Agreement may only be modified in a writing signed by an authorized officer of Simonson.
- You agree to be responsible for compliance with all laws, foreign and domestic relating to the control of exports or the transfer of technology. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.
End User License Agreement for Mark Simonson Studio - Webfonts (WOFF/EOT)
This end user License Agreement (hereinafter 'Agreement') is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter 'You') and Mark Simonson Studio (hereinafter 'Mark Simonson Studio'), and is applicable to the Font Software that is accompanied by this Agreement or that You have ordered online.
By downloading the Font Software or, if You purchased it not online, by installing the Font Software or by opening the package, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download, install, or use the Font Software. If You have purchased Font Software in a sealed retail package and do not agree to the terms of this Agreement, return it unopened to the place of purchase.
'Font Software' means coded software that is accompanied by this Agreement or that You have ordered online and that generates typeface designs when used with the appropriate hard- and software, plus any and all other data including documentation provided with such software.
'Licensed Unit' means installations of the Font Software that allow the design of Your Websites which have - based on any six consecutive calendar months - not more than the overall monthly average of Pageviews stated on Your invoice for the purchase of the Font Software. If no number of Pageviews is given on your invoice, the licensed number of Pageviews is 500,000 per month. If Your Websites averages (based on a period of six consecutive calendar months) at any given time in the future more than the licensed number of Pageviews per month, You must purchase an extended license from Mark Simonson Studio or its authorized distributors.
'Use' means to design Your own personal or business Website with the typeface embodied in the Font Software and to make accessible the Font Software together with Your Website on a web server in order to enable a web browser to render the content of such a Website using the respective Font Software. Use does not include the behavior set forth in Clause 2.2. below.
'Website' as used here is a connected group of related web pages which form an entity whose content is managed by You, and which are organized under a particular domain name, including sub-domains. The Website can be viewed either over Your local area network or over the Internet. For the avoidance of doubt, web pages on sub-domains whose content is managed by other persons are deemed to be not part of Your Website.
'Pageview' is each request to load a single page of each of Your Websites. Pageviews - also referred to as page impressions or page requests - must be recorded by a commonly accepted or recognized performance tracking system. Mark Simonson Studio reserves the right to request written copies of your average Pageview reporting statistics.
- Grant of License and Restrictions
2.1. Grant of License. Mark Simonson Studio grants You a non-exclusive license to Use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the average number of Pageviews under which the Font Software is Used exceeds the amount set forth in the Licensed Unit, then You must request from Mark Simonson Studio or its authorized distributors an appropriate license extension covering all Pageviews; an additional fee will be charged for this license extension.
2.2. Restriction of Use. You are not allowed to copy, distribute or make the Font Software available to third parties so that they can use it for their purposes or for purposes other than the display of Your Websites. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to sublicense the Font Software to third parties so that they can use it for their websites (even though such websites are hosted under Your domain name), e. g. for websites in social networks, for individual online shops under a common domain name, in blogging communities, by online editors, as a design tool, etc. If You wish to use the Font Software for such purposes, You must obtain a special license from Mark Simonson Studio or its authorized distributors.
2.3. No Embedding. You may not embed the Font Software in any documents (e. g. pdf documents), applications or devices other than your Websites. You may not use the Font Software for other services that are rendering the fonts, e.g. pre-press, plotting, exposing, etc. If You wish to use the Font Software for such purposes, You must obtain a separate pre-press font license from Mark Simonson Studio or its authorized distributors.
2.4. Backup. You may make backup copies of the Font Software for archival purposes only, provided that You retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.
2.5. Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software except as expressly provided for in this Clause 2 and the Definition of Use. If You want to make modifications to the Font Software, You must obtain the prior written consent of Mark Simonson Studio.
The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to Mark Simonson Studio. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of Mark Simonson Studio, and You agree to treat them as such.
- Transfer of License
Except as expressly provided herein, You may not give, rent or lease or make available the Font Software or parts of it to third parties. You may completely transfer Your license right to Use the Font Software to another person or legal entity provided that (i) You stop Using the Font Software Yourself, (ii) the transferee accepts and agrees in writing (with copy to Mark Simonson Studio) to be bound by all the terms and conditions of this Agreement, and (iii) You destroy all of Your copies of the Font Software, including all copies stored in the memory of a hardware device.
- Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Mark Simonson Studio shall be limited to either, at Mark Simonson Studio's option, the replacement of the Font Software or the refund of the license fee You paid for the Font Software. Mark Simonson Studio and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Mark Simonson Studio and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Mark Simonson Studio or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Mark Simonson Studio representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims You might have against Your retailer.
- Export Restriction
You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations.
Mark Simonson Studio has the right to terminate Your license immediately if You fail to comply with any term of this Agreement. Upon termination, You must destroy the original and any copies of the Font Software.
- General provisions
You agree to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement. This Agreement may only be modified in writing signed by an authorized officer of Mark Simonson Studio.
- Governing Law
This Agreement will be governed by the laws of USA. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.