Web-to-print 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 Web to Print Licence?

This Web to Print Licence allows you to install and use our fonts on your server and for End Users to be able to use the fonts via their internet browser to create and view images (with the font embedded) and then in turn view, edit and print such images on a variety of products as offered by you in the course of your business.

The use is permitted for the [service as made available via URL] that you notify us of during the order process.

No ongoing electronic distribution or use of the font is permitted.

We don’t mess about with how many servers you may install the font on – to us this simply isn’t practical considering today’s technology used.

If you need to install the font on your server for access by your employees in the course of business (i.e. it is not just used by End Users in the creation of images to be used on products) this licence is not for you – you will require either our Studio, SME or Brandfont licence. If in doubt, please check with Fontsmith prior to placing your order.

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:

  • Make the font accessible on your service via internet browsers.
  • Unlimited access by End Users.
  • No territorial restrictions.

Things not included:

  • You can’t make the font available to your employees on your server for your own business use.
  • You can’t distribute the font onwards or make it available to End Users in any other way, or for any other purpose, than as you are permitted herein.
  • 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 Web to Print Licence in accordance with the terms and conditions of this agreement, Fontsmith hereby grants you a non-exclusive, non-transferable right to install the Font Software (meaning software or instructions in WOFF, WOFF2, .TTF, and EOT 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) on your servers (or third party servers that are in your control) to allow End Users (meaning an individual or entity who is not in your control and who is wanting access to your server) to (a) use the Font Software on your service as notified to us during the order process via their browser which is connected to your server to create Images (being images or documents in which the Font Software (or part thereof) is embedded) and (b) receive (and you to make available) the Images and (c) to print the Images (or you to print them on End Users behalf) on products which you make available via your service.
    3. Any Image which is created by an End User (and to which the End User may use as set out in Clause 1.2) must only include the Font Software in such a manner that the Font Software cannot itself be extracted, used, or accessed by any third party (including the End User).
    4. You must not make the Font Software available to any third party, including any End User, for any purpose other than as permitted in 1.2 above. It must not be distributed as, or within, a .exe file, nor must it be installed on any End User’s hardware. You must have but place enforceable terms that End Users are subject to when user your service to on which the Font Software is used which offers the Font Software protection no less onerous than that set out in these terms.
    5. The licence granted in accordance with Clause 1.2 shall remain in force for the period agreed during the order process. 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 2.
    6. On request from Fontsmith you shall promptly provide written documentation confirming your use of the Font Software and Server it is embedded within.
    7. You shall not:
      1. use the Font Software for any purpose other than as notified to us;
      2. embed the Font Software into any mobile application or other software format not permitted under this Web to Print Licence;
      3. use the Font Software the creation of any internal business documents.
  2. 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 ‘Web to Print 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.
  3. 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.