Type Supply LLC
Webfont Software End User License Agreement
THIS IS A LEGAL AGREEMENT, by accessing, downloading, using or installing the Type Supply LLC (“Type Supply”) Font Software you expressly agree to the following terms:
- This License is directed to use of the Type Supply Font Software as webfonts. Downloading Type Supply Font Software for use on a desktop, laptop or workstation is controlled and only permitted under a different License. If you wish to use and/or install the Type Supply Font Software on your desktop or personal computer or on a server for use and access by a desktop or personal computing device, you must secure a separate license. You further agree to exercise reasonable care to avoid unauthorized distribution of the Font Software. If you cannot or do not agree to the terms of this license, do not access or use and, if appropriate, return the software unused to Type Supply.
- The Font Software will be transmitted for your use in the Web Open Font Format (“WOFF”) format and/or such other formats as Type Supply may determine or otherwise agree, at its discretion.
- This non-exclusive, revocable license grants you limited rights to use the Font Software to style HTML and SVG documents using the CSS @font-face mechanism. Other embedding or linking uses or techniques, such as PDF, EPUB, iOS and/or Android native applications, Cufón or sIFR, are not permitted under this license and if so desired, require the purchase of an additional license.
- The Font Software is licensed for a maximum number of page views per month identified in the schedule annexed hereto in Exhibit A. A page view is defined as a request to load a page that references the Font Software via the CSS @font-face mechanism. If the maximum number of allowed page views is exceeded for three consecutive months an additional license is required. Type Supply reserves the right to request and you hereby agree to provide a report of your page view counts upon request.
- The Font Software is licensed for use in perpetuity.
- The terms and price associated with this License are based upon the maximum pages views annexed hereto in Exhibit A. If you anticipate an increase in page views, you should notify Type Supply as early as possible. You are not entitled to a refund, offset or other adjustment in the event of a reduction in the number of domains or reduction of the number of maximum page views.
- Any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Font Software by unlicensed parties is strictly prohibited.
- The use of the Font Software for web forms is permitted. However, any other editable use of the Fonts, such as in templates or for use in the creation of customizable designs or products requires the purchase of a separate license.
- The Font Software is the exclusive property of Type Supply. All right, title and interest in and to the Font Software, the design of the Fonts embodied therein, the copyrights, all trademarks, trade names and service marks associated therewith are the exclusive property of Type Supply.
- You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or alter, the Webfonts, the Font Software or the designs embodied therein. The Type Supply Font Software, the Webfonts and/or documentation may not be sublicensed, sold, leased, rented, lent, re-served or given away.
- If you are using the Font Software for the creation of a third party website you or the third party must purchase appropriate licenses and ensure that your client or end user is properly licensed for use of the Font Software.
- The creation of any derivative typeface font software is expressly prohibited. Any derivative work created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Font Software, including, but not limited to, other software, EPS files, or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Type Supply and shall be subject to the terms and conditions of this License. Derivative works, if any and whether permitted or not, may not be sublicensed, sold, leased, rented, lent, or given away without the express written permission of Type Supply. Type Supply shall not be responsible or liable for the suitability for use or accuracy of any derivative works not created and/or supplied by Type Supply.
- The License granted herein is specific to Licensee annexed hereto in Exhibit A and may not, absent the express written permission of Type Supply, be transferred, loaned, sold or assigned. All rights not expressly identified and granted herein are expressly reserved to Type Supply.
- The Type Supply Font Software is protected under domestic and international trademark, copyright law. You may, but are not required, to identify Type Supply fonts and ownership in any design or production credits.
- Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Type Supply shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other limitations. You agree to immediately discontinue using and certify that no copies remain in your possession or control.
- TYPE SUPPLY MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. THE FONT SOFTWARE WAS NOT MANUFACTURED FOR USE IN MANUFACTURING CONTROL DEVICES OR NAVIGATION DEVICES OR IN CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY OR DEATH. TYPE SUPPLY DOES NOT REPRESENT OR WARRANT THAT THE FONT SOFTWARE WILL BE OPERABLE IF CURRENT TRANSMISSION, OPERATING SYSTEMS AND INTEROPERABILITY STANDARDS CHANGE. WITHOUT LIMITING THE FOREGOING, TYPE SUPPLY SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE. UNDER NO CIRCUMSTANCES SHALL TYPE SUPPLY’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE OR THE TYPE SUPPLY WEBFONT SOFTWARE LICENSE FEE FOR THE TERM THEN IN EFFECT. The terms of this Agreement are contractual in nature.
The Type Supply Webfont Software End User License Agreement is subject to the laws of the State of New York, U.S.A. as they relate to contracts entered into and wholly performed therein and without regard to its conflict of laws principles or the conflict of laws principles of any other jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts selected by Type Supply for the efficient resolution of any disputes arising out of this Agreement and you consent and agree to service of process by Certified Mail, return receipt requested and expressly agree to waive any defenses or objections arising by reason of the jurisdiction and forum selected by Type Supply for the resolution of any dispute. By downloading, accessing and or installing the Font Software, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
Exhibit A (Sample)
- Licensed Font Software
- Licensed Maximum Page Views
- Up to 500,000
- Example Corporation, Inc.
- Licensee Contact Name
- John Smith
- Licensee Contact Email Address
- [email protected]
- Licensee Contact Phone Number