HypeForType Webfont End User License Agreement

IMPORTANT - PLEASE READ CAREFULLY: This Webfont End User License Agreement governs the uses of Font Software licensed for use as Web Fonts licensed from HypeForType (Web Font or License or Web Font Software). This License is an agreement between you and HypeForType and governs the use of the Web Font Software licensed under this Agreement. You should retain a copy of this License for your records.

The use of the Font Software is licensed for your use; you do not own the Fonts or the Software. Using the Licensed Webfont(s) on the web, for styling HTML web pages, is permitted using the @font-face selector in CS5 files and/or such other standard as HypeForType may permit in the future and as may be subject to the following restrictions. Should any additional or uses not permitted under this license be desired, contact the HypeForType to request the appropriate license upgrade. 

1. Security.

You may not link to, nor make available online, any TrueType, OpenType or other version of the Font Software you may have licensed. The use of improperly used or non-licensed HypeForType Font Software as webfonts is also prohibited. You may not convert any Font Software licensed from HypeForType for web font uses.

2. Copyright Information.

The comments or notes related to copyright and other legal or ownership information in the sample HTML/CS5/Javascript files, must be retained in your web site code. You cannot under any circumstances use @font-face webfont files for desktop use. 

3. Domains.

The Licensed Webfont(s) may be used on any web site owned/controlled by the licensee (subject to Paragraph 4 below). The total traffic, measured in page views, of web sites on which the Licensed Webfont is used must be no greater than the number of page views per month specified in the receipt you received for the Licensed Webfont.

4. Third Parties.

Third Party Agencies or others responsible for multiple client web sites, such as, for example only, web design agencies or hosting providers, may not use and/or share the licensed Web Font or other Font Software licensed under this Agreement for benefit multiple clients. Each user of Web Font Software must purchase a license that is proper for their uses.

5. Restrictions.

The Licensed Web Font(s) may not be used in any interactive web applications where, by way of example only, not limitation and subject to the relevant terms and conditions in the applicable Foundry EULA: 

a) users can select and/or use any Licensed Webfont for a text composition or editing use;

b) Where the Licensed Webfont(s) are used within an interactive web or game application, a fee based application, an e-book, PDF document distributed freely or for a fee, or an application that is distributed without charge which is used to promote a business's activity, services or products.

c) for any other usage apart form @font-face embedding within the end-users website, on a read only text basis. 

d) should any infringement take place where @font-face fonts are used for desktop/commercial use without the correct licensing of "Desktop Fonts" this agreement becomes null and void, and licensee shall be liable for all damages and costs associated with inproper use of our software. 

6. Modification.

You may not use conversion or editing tools to amend, modify or others change or alter the Licensed Webfont(s) and if any tracking/counting tools are included with the Webfonts, you must use them on all authorized websites.

7. Webfont Usage.

Use of the Licensed Webfont(s) with web font technologies other than @font-face, such as, by way of example, not limitation, slFR, Cufon or Typeface.js, or other technologies are not allowed. Usage of Webfonts for Desktop Installation are also not allowed as the end-user must purchase an accompany Desktop License. This webfont license allows the end-user to use the Webfont(s) on a read only text basis, should the Webfont(s) be classed as part of the corporate identity of the company, the end-user must purchase a Brand Font License. Any other usage of the Webfont(s) other than read only text as part of the @font-face technology is strictly forbidden. The agreement will terminate automatically without notice from HFT, if the Licensee fails to comply with any provision contained herein, and Licensee is solely responsible for any such infringing uses including all legal and other damages that may be incurred.

8. Availability.

The Licensed Webfont(s) may not be sold, re-sold sub-licensed or otherwise made available, irrespective of the technology or methods used, to any 3rd party or by any Webfont provision service irrespective of whether for payment, in trade or without charge.

9. Warranties.

HypeForType warrants that the Web Fonts licensed under this Agreement will perform substantially in accordance with the W3C specifications set forth at http://www.@3.org. This warrantee will be effective for 25 days after the date this License issues. All warrantee claims must be made within the 25-day period and must be verified.

10. Disclaimer.

HFT does not warrant that this product will operate with all other software products, or that it will satisfy your requirements. HFT's entire liability to the Licensee will not extend beyond replacement of defective media or refund of the purchase price. You expressly acknowledge and agree that use of the Web Font Software is at your sole risk. The Web Font Software and related documentation are provided "AS IS" and, except as noted herein, is without warranty of any kind and HypeForType Ltd. and its affiliated companies (together, "HFT") hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HFT DOES NOT WARRANT THAT THE OPERATION OF THE WEB FONTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE WEB FONTS ARE NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE WEB FONTS MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE WEB FONTS COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL HFT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. HFT's sole liability to you shall in no event exceed the refunding of the cost of the font software or replacement of the Font Software, either at HFT's sole discretion.

11. Other Law. 

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.

12. License Breach.

You may not rent, lease, sublicense, give, lend, or further distribute or transfer the Web Fonts or any copy of the Web Fonts, except as expressly provided herein. You may transfer all of your rights to use the Web Fonts to another person or 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 Licensed Web Font(s), including all copies stored on another device.

13. Termination. 

This License Agreement is effective as of the Date of full payment for the License. This License Agreement may be terminated by you at any time by destroying the Font Software together with any printed material and any copies of the Font Software. This agreement will terminate automatically without notice from HFT, if the Licensee fails to comply with any provision contained herein. Upon termination of this Agreement, the Licensee must: (a) destroy all copies of the electronic data, including the copy on the disk media originally provided in this product, (b) destroy all written materials provided with this product, if any, and (c) provide HFT with written verification that the product has been destroyed.

14. Governing Law. 

This agreement represents the entire agreement between the HFT and Licensee. This agreement supersedes any other Standard License Agreement which may have been included with the font software or previously displayed on the HFT or its Authorised Distributors web sites. This agreement may only be modified by HFT in writing that expressly states that such writing is intended to modify this agreement. This License Agreement is governed by the laws of the United Kingdom. If you have any questions concerning this Agreement or any matters regarding our products, please email: licensing@hypefortype.com.

15. Compliance with Law and Export Restrictions.

You agree be responsible for your compliance with all laws and regulations, foreign and domestic, relating to the control of exports or the transfer of technology as they may relate to the font software.

16. Severability. 

If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by HFT with a provision that most closely affects the intent of the invalid provision.

17. Waiver. 

Waiver of any right(s) at any time shall not constitute an ongoing or permanent waiver of any right(s).

18. Entire Agreement. 

This agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.

19. Headings.

The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.

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