Web End User Licence Agreement
Web Font End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS WEB FONTS END USER LICENSE AGREEMENT FOR FURTHER REFERENCE. This Web Font End User License Agreement (the “Agreement”) becomes a binding contract between you and Monotype when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.) If you do not wish to be bound by the Agreement, you cannot access, Use or download the Web Fonts. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 14 of the Agreement.
You hereby agree to the following:
- Binding Agreement. You are bound by the Agreement and you acknowledge that all Use of the Web Fonts supplied to you by Monotype for the purposes set forth under this Agreement is governed by the Agreement.
- License Grant. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access, download and Use the Web Fonts as supplied in a Web Font Kit (i) on Websites which are owned or controlled by you; (ii) using the @font-face selector in CSS files; and (iii) only subject to all of the terms and conditions of the Agreement. Monotype reserves all rights not expressly granted to you in this Agreement.
- Restrictions on Use.
- You may not link to, or put online, any version of a Web Font not supplied in a Web Font Kit.
- You may not Use or install the Web Fonts in, as a part of, or in conjunction with a Software Application.
- You may not Use the Web Fonts for Editing or use conversion or editing tools on the Web Fonts.
- You may not Use the Web Fonts in a Commercial Product.
- You may not Use the Web Fonts with technologies other than @font-face, such as sIFR, Cufón or Typeface.js.
- Page Views. You must retain the page view tracking code, if such tracking code is supplied in the Web Font Kit, on all Websites that Use the Web Fonts, however you do not need to retain the page view tracking code on any Development Website. The total traffic, measured in page views, of all Websites Using a Web Font must be no greater than the number of page views specified in your account at located at www.fontsmith.com. Businesses or organizations such as advertising agencies, web design agencies or hosting providers that control multiple clients’ Websites must enter into separate Agreement’s for each client Website.
- Alterations to the Web Fonts. You may not alter the Web Fonts for the purpose of adding any functionality that such Web Fonts did not have when delivered to you by Monotype or accessed or downloaded by you. If the Web Fonts contain embedding bits that indicate that the Web Fonts are only authorized for certain purposes, you may not change or alter the embedding bits.
- Transfer of the Web Fonts. You may not rent, lease, sublicense, give, lend, or further distribute the Web Fonts, or any copy thereof, except as expressly provided herein. You may transfer all its rights to use the Web Font(s) to another person or legal 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 Web Font(s), including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper Use of the Web Fonts within your organization, upon request from Monotype or its authorized representative, you will, within thirty (30) days, fully document and certify that the Use of any and all Web Fonts licensed by you from Monotype at the time of the request is in conformity with your valid licenses from Monotype.
- Copies. You may not copy the Web Fonts, except as provided herein. You may make a reasonable number of back-up copies of the Web Font(s) for archival purposes only, and you shall retain exclusive custody and control over such copies. 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 Web Fonts. Upon termination of Agreement, you must destroy the original and any and all copies of the Web Font(s).
- Intellectual and Industrial Property Rights.
- You agree that the Web Fonts are protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Web Fonts as you would any other copyrighted material.
- You agree that Monotype, or its third party licensors, own all right, title and interest in and to the Web Fonts, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Web Fonts, its structure, organization, code, and related files are valuable property of Monotype or its third party licensors and that any intentional or negligent use of the Web Fonts not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
- You agree not to adapt, modify, alter, translate, convert, or otherwise change the Web Fonts, or to create Derivative Works from the Web Fonts or any portion thereof. You further agree not to use the Web Fonts in connection with software and/or hardware which create Derivative Works of such Web Fonts.
- You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Web Fonts, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, you may reverse engineer or decompile the Web Fonts 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 in a timely manner free of charge by Monotype upon written request).
- Limited Warranty. Monotype warrants to you that the Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://ww.W3.org website as of the date of you agree to be bound by this Agreement for the thirty (30) day period following the date you first access the Web Font(s). To make a warranty claim, you must, within the thirty (30) day warranty period, contact Monotype with sufficient information regarding your license of the Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://ww.W3.org website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Monotype to obtain access to the Web Fonts. MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEB FONTS. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Web Fonts are non-returnable and nonrefundable.
- Termination. Upon failure by you (or any authorized person or member of your immediate household to whom you have given permission to Use the Web Fonts) to comply with the terms of the Agreement, Monotype shall be entitled to terminate the Agreement upon notice by regular mail, paid carrier, telefax or email/textform. The termination of the Agreement shall not preclude Monotype from suing you for damages for any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Monotype.
- Terms and Conditions. You have separately agreed to Monotype’s standard Terms and Conditions of Business https://www.monotype.com/legal/terms-conditions-business) which include provisions relating to governing law and jurisdiction, export restrictions and U.S. government contracts. In the case of a conflict between the Terms and Conditions and this Agreement, this Agreement shall control.
- “Commercial Product” means anything, other than web pages of your Websites, created by Use of the Web Fonts which is offered for distribution to the general public (or to some subset of the general public) in exchange for a separate fee or other consideration or as a result of your business activity.
- “Derivative Work” means binary data based upon or derived from the Web Font(s) (or any portion of the Web Font(s)) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which the Web Font(s) may be converted.
- “Development Website” means a Website that is only used for testing by you and is not accessible to any Website visitor other than you.
- “Editing” means any input of text that is displayed using the Web Fonts. For the avoidance of doubt, Editing includes the insert of text into a form field.
- “Font Software” means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Monotype in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
- “Monotype” means Monotype Imaging Inc., located at 600 Unicorn Park Drive, Woburn MA 01801 USA, which operates www.fontsmith.com, on behalf of its subsidiaries and affiliated companies.
- “Software Application” means any software program or operating system.
- “Use” of or “Using” the Web Fonts shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Web Fonts, regardless of the location in which the Web Fonts resides. “Use” of the Web Fonts shall also occur when the software or instructions are executed.
- “Web Font(s)” means Font Software optimized for use on a Website, either individually or collectively, that you license from Monotype through the website located at www.fontsmith.com.
- “Web Font Kit” means a repository for the bundling of Web Fonts for Use on a Website. A Web Font Kit shall contain page view tracking code which must be retained by you and placed on all Websites which Use any Web Fonts.
- “Website(s)” means a web site or web sites (i.e., a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI)) which: (i) Uses or accesses the Web Font(s) in its web pages, (ii) does not in any way enable the permanent installation of the Web Font(s) by Website visitors on any printer or display which displays a screen image created by Use of or access to the Web Font(s), and (iii) reasonably restricts access to Web Font(s) from Use or access by web pages or any document not originating from such Websites.
LAST UPDATED: February 25, 2020
“Monotype” is a trademark of Monotype Imaging Inc. registered in the U.S. Patent & Trademark Office and may be registered in certain other jurisdictions. All other trademarks are the property of their respective owners.