A Webfont license allows you to embed fonts into a website so that the fonts can be displayed on any viewer's browser. Your website will be serving the Webfonts along with the other data including the text the site will display.
This Webfont End User License Agreement is a legally binding contract between J Foundry and the Licensee identified on the Order Confirmation. Please read this agreement carefully. If you have any questions, please email firstname.lastname@example.org
By purchasing, downloading, installing or using the Webfonts, the Licensee confirms they have read, understand and agree to be bound by the terms and conditions of this License Agreement. If the Licensee is acting on behalf of a company, organization or other legal entity, the Licensee confirms they have the authority to bind said legal entity to the terms and conditions of this License Agreement.
"Fonts"/"Font" is the software identified on the Order Confirmation and the font designs rendered by that software when used on a compatible device. This includes but is not limited to all source code, programming, vector data and bitmap representations, any related documentation, and any updates J Foundry may provide in the future. A “Webfont” is a font used with the @font-face CSS at-rule to display text on a website. A “Website” is a collection of related webpages organized under a single domain. A “Domain” is the top level URL directory of a website. A “Pageview” is a single request to load a single page on a website.
2. License Grant
Upon payment in full of the non-refundable license fee J Foundry grants the Licensee a non-exclusive, non-transferable, revocable license to use the Webfonts subject to all of the terms and conditions of this agreement. The Licensee is granted only the rights expressly stated in this agreement and use of the Webfonts in any other manner is strictly prohibited.
3. Permitted Use
3.1 Number of Websites. Webfonts may be used on any Website owned or controlled by the Licensee. Licensees responsible for multiple clients' Websites must purchase separate licenses for each client.
3.2 Number of Pageviews. The total Pageviews of all website(s) using the Webfonts must not exceed the number of Pageviews specified on the Order Confirmation. If the Licensee exceeds the number of Pageviews by 20% in any three consecutive months the Licensee is required to upgrade their license agreement. The Licensee must monitor the total monthly Pageviews.
3.3 Local Use. For the design and development of permitted website(s), The Licensee may install the Webfonts on local computers or one file server for use on a local area network. All computers or file servers must be owned by the Licensee.
3.4 Technical Use. The Licensee may only self-host the Webfonts on their website(s) using the @font-face CSS at-rule. Other Webfont methods, such as sIFR, SVG, Cufón, typeface.js or Flash are prohibited. The Licensee may not use the Webfont on a third-party hosting service.
3.5 Third-Party Developers. You may provide a copy of the Webfonts to a third-party developer exclusively for the purpose of developing the Licensee's website if they agree: 1. to follow the terms of this license; 2. to only use the Webfonts for the production of the Licensee's project; and 3. to delete all copies of the Webfonts immediately after completing the project.
3.6 Back-up Copy. The Licensee may make one back-up copy of the Webfonts for archival purposes only, and shall retain exclusive custody and control over such copy.
4. Restrictions of Use
4.1 Desktop Use. Other than as stated in 3.3, any use of the Webfonts in desktop applications is prohibited.
4.2 Products. The Licensee may not use the Webfonts for products that consist of individual letters, such as, but is not limited to adhesive alphabets, stencils, stamps, etc. The Licensee may not use the Webfonts for customizable products, such as, but not limited to personalized jewelry, personalized cards and gifts, etc. Please contact J Foundry for a license to cover such use.
4.3 Modifications. The Licensee or any third-party may under no circumstances modify, alter, translate, convert or otherwise change the Webfonts in any manner. This includes converting the Webfonts into a different file formats, reverse engineering, decompiling, disassembling or otherwise modifying the source code of the Webfonts.
4.4 Derivative Works. The Licensee or any third-party may under no circumstances create any customization, variation, adaptation or derivative work of the Webfonts.
5. Intellectual Property
The Licensee acknowledges and agrees that the Webfonts and their designs are the exclusive property of J Foundry. The Licensee agrees that J Foundry owns all right, title and interest in and to the Webfonts, their structure, organization, code, programming, vector data and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. All rights not expressly granted by this License are reserved to J Foundry.
6. License Transfer
The Licensee may not transfer or assign any of the rights stated in this agreement to any other person or legal entity without the prior written consent of J Foundry.
7. Limited Warranty
J Foundry warrants the Webfonts will perform in accordance with their documentation for a period of 30 days following the delivery of the Webfonts. To make a warranty claim, the Licensee must, within the 30 day warranty period, notify J Foundry. The entire liability and remedy shall be that J Foundry will use reasonable efforts to address the claim as soon as commercially practical.
In no event will J Foundry be liable to you or any other party for any consequential, incidental or special damages, including but not limited to any lost profits, lost data, lost business opportunities or lost savings, personal injury, death, property damage, environmental damage arising directly or indirectly from your use, or inability to use, the Webfonts, even if J Foundry is notified in advance of the possibility of such damages. In no event will the aggregate liability of J Foundry arising out of these the use of, or inability to use, the Webfonts exceed one hundred United States dollars ($100).
This License is effective until terminated. J Foundry reserves the right to terminate the License immediately and without notice if the Licensee breaches any of the terms of this agreement. J Foundry expressly reserves the right to seek any and all remedies under law or equity, including but not limited to injunctive relief without the obligation of posting security or bond. Upon termination, the Licensee must immediately discontinue using and delete the Webfonts and documentation, including any copies, and certify that no copy remains in their possession or control.
10. Entire Agreement
This agreement, together with the Order Confirmation, constitutes the entire agreement between the Licensee and J Foundry and supersedes all prior negotiations, understandings or agreements between the Licensee and J Foundry. This agreement may only be modified in writing signed by an authorized officer of J Foundry.
11. Governing Law
This agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
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