ePub End User Licence Agreement

BY CLICKING ON THE “ACCEPT” BUTTON (IF ORDERING ONLINE), PROVIDING DIGITAL SIGNATURES AND/OR BY CONTINUING TO ACCESS OUR SERVICE AND USE OUR FONT AND/OR RETURNING YOUR ACCEPTANCE (IF ORDERING VIA ANY OTHER MEANS) YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE ORDER PROCESS NOW. WHERE YOU ARE USING THIS SERVICE ON BEHALF OF A BUSINESS, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER THIS CONTRACT ON BEHALF OF YOUR COMPANY (OR OTHER LEGAL ENTITY).

Fontsmith Limited operates exclusively on a B2B basis, it does not contract directly to the general public. It does not deal with consumer sales and/or licensing. By continuing you are confirming that you are not a consumer for the purposes of the Consumer Credit, Consumer Rights, and Sale of Goods legislation and that you are in business and placing an order for the purpose of that business and not for personal use.

What is the ePub Licence?

This ePub Licence allows you to use our fonts as embedded fonts within your ePublications such as eBooks, eMagazines, or other electronic publication that is sold to end users.

The use may be permitted for a single title, or periodical – you just let us know during the order process and we work out what licence works for you.

Fonts must be embedded within the ePub file – they can’t be distributed separately.

If you need to use the Font for any design work, including your ePub cover, pictures, adverts or other static images, you will need an additional licence (please see our other available licences, including the Studio Licence).

Typically the licence is granted for the life of the ePub title made known to us during the order process (we don’t base the licence on ISBNs so that you can revise the ePub, change the language etc. – better for you). However, where you have opted in the order process to purchase a subscription based time limited licence, the licence shall continue in force for the period of time for which you have purchased it, subject to renewal as set out below.

Things included:

  • Embed the Font within your ePub.
  • Unlimited downloads of the ePub.
  • No territorial restrictions.

Things not included:

  • You can’t use the Font’s for design work.
  • You cannot distribute the Fonts other than as embedded in the ePub.
  • You can’t use an ePub Licence to create internal documents for your business use – this license is for use in relation to commercially available ePubs only.
  • You must not commit the Font to any public GIT repository, even to make available to licensed users. Any such act would constitute an unlicensed distribution (making available the Font to unlicensed users) of our Font which is strictly not permitted. Any unauthorised distribution via such repositories shall constitute a material breach of our licence terms.
  1. Orders and Licence Parameters

    1. This agreement shall come into force when you [tick the box/click accept] if purchasing online, or upon your acceptance of an offer we make to you, or if you continue to engage Fontsmith following receipt of these terms. Our agreement shall continue in accordance with these terms and conditions.
    2. Subject to you purchasing the ePub Licence in accordance with the terms and conditions of this agreement, Fontsmith hereby grants you a non-exclusive, non-transferable right to embed the Font Software (meaning software or instructions in .OTF or, .TTF formats which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments including all bitmap representations of typeface and typographic designs and ornaments created by or derived from the software) within your ePub (being a combination of text and graphics in electronic form in a file format including PDF, EPUB 2.01, EPUB 3, MOBI, AZW, .DOC and KF8) which is intended for consumption by an End User (meaning the individual or entity who is not in your control which downloads or accesses an ePub to run on a hardware device, including an ‘ereader’ such as the ‘Amazon Kindle”) and which is made available on a Commercial Basis (meaning a fee is chargeable/applicable to access the ePub by End Users save for occasional giveaways and/or free issues which shall be permitted within the scope of this licence, subject to such promotional use being an exception rather than the norm). The usage is limited to the ePub title made known to us during the order process only. New formats, languages, or revisions do not count separate ePub titles. Where the ePub is a periodical, the licence granted is for a single issue, unless clearly agreed otherwise during the order process.
    3. You must embed the Font Software in the ePub so that the ePub format obfuscates or encrypts the Font Software; it must not be distributed as, or within, a .exe file, nor must it be installed on any End User’s hardware operation system.
    4. Where the licence purchased is for an agreed subscription period as agreed during the order process with Fontsmith, the licence granted in accordance with Clause 1.2 shall remain in force for the agreed period. Unless you provide Fontsmith with written confirmation no later than 30 days prior to the end of the then current licence period, the licence granted shall renew for a further period of equal time to the initial period chargeable at Fontsmith’s then current published price list (if available) or if no price list is available, at the same price as was charged for the initial period. Fontsmith shall raise an invoice to you following such renewal and you shall pay such amount in accordance with Clause 3.
    5. On request from Fontsmith you shall promptly provide written documentation confirming your use of the Font Software and ePub it is embedded within.
    6. You shall not:
      1. use the Font Software for any purpose other than on ePub notified to us;
      2. embed the Font Software into any mobile application or other software format not permitted under this ePub licence;
      3. use the Font Software for any print purposes.
  2. Extension to ePub Licence

    1. Subject to Clause 2.2 and 2.3, you may, from time to time purchase an extension to the EPub Licence and Fontsmith shall extend the licence granted in accordance with Clause 1 to such additional ePub titles in accordance with the provisions of this agreement.
    2. If you wish to purchase an extension, you shall notify Fontsmith in writing. Fontsmith shall evaluate such request for the additional ePub Licence and respond with approval or rejection of the request and set out to you what additional fees will be due.
    3. If Fontsmith approves your request to purchase an extension to the ePub Licence, you shall, within 14 days of the date of Fontsmith’s invoice, pay to Fontsmith the relevant fees for such extension of the ePub Licence as set out in accordance with Clause 2.2.
  3. Fees and Payment

    1. Any rights or licence granted to you under this agreement is in consideration of, and subject to, you paying the fees in full to Fontsmith for the required ‘EPub Licence’ calculated in accordance with the information provided during this order process of which acceptance of this agreement is a necessity. Prior to confirming your order, Fontsmith shall set out the fees.
    2. You will pay our invoices within 14 days of the invoice date or as part of the order process as applicable. Payment must be made in full to our bank account stated on our invoice.
    3. Where applicable, if for any reason you are late paying any invoice, we may decide to charge you compounding interest at a rate of 3% above the base rate of HSBC (UK). Whilst there are any outstanding invoices, we may suspend any licence granted in relation to the Font Software.
    4. If this agreement terminates for any reason, all amounts due to us shall become immediately payable. This is without prejudice to any other right of ours to claim interest under the law or under this agreement.
  4. Other Terms

    1. This agreement incorporates by reference all of the terms and Standard Conditions of Sale that can be seen on our website which you hereby confirm you have read and agree to as part of this agreement. If you would like a hard copy of these, please request them from Fontsmith.