TERMINAL DESIGN
Webfont End User License Agreement
THIS IS A LEGAL AGREEMENT, by accessing, downloading, installing or using the TERMINAL DESIGN (“Terminal”) Type Font Software you expressly agree to the following terms:
1. This License is directed to use of the TERMINAL DESIGN Type Font Software as webfonts (“Fonts” or “Software” or “Font Software” or “Webfonts”). Downloading and/or using the Terminal Webfonts for use on a desktop, laptop or workstation or for installation on a server is controlled and only permitted under a different license agreement which must be purchased separately. If you cannot or do not agree to the terms of this license, do not access download or use the Software.
2. The Font Software will be transmitted for your use in one of the following formats: EOT, WOFF, SVG or TTF. Terminal reserves the right to include, change or omit additional formats at its discretion at any time. You expressly agree to use the Font Software made available by Terminal. You are not permitted to convert Terminal Design Font Software to other formats or for use in other manners other than as identified herein.
3. THE USES LICENSED UNDER THIS AGREEMENT ARE IDENTIFIED ON YOUR PAYMENT RECEIPT.
a. Description of type of uses that may be licensed to you. NOTE: YOU MUST REFER TO YOUR RECEIPT FOR THE USES YOU ARE ENTITLED TO AND ANY RELATED LIMITATIONS UNDER YOUR PARTICULAR LICENSE.
b. Use of the Terminal Font Software is permitted on the websites identified on your receipt.
c. This License is solely for the party and websites identified in the relevant invoice and may not be used for the benefit of any third party. No Desktop or Applications (“App”) or PDF or E-Publication licenses are granted herein. Use of the Font Software on desktop computers and/or Apps and/or PDF or E-Publication or use in e-books or for the benefit of any third party requires the purchase of one or more special licenses. If you are not sure whether your intended use is permitted under this License, contact Terminal Design.
4. This non-exclusive, revocable license grants you limited rights to use the Terminal Font Software to style HTML and SVG documents using the CSS @font-face implementation syntax/rule. Other embedding or linking uses or techniques, such as PDF, EPUB, iOS and/or Android operating system based applications is not permitted.
5. The Font Software is licensed only for use on specific Internet domains identified on your receipt. The identity and/or list of domains may be amended or modified only with the express written permission of Terminal. The Font Software may be used on any number of sub-domains of the licensed domain names permitted under this License or as later modified by the agreement of the Parties.
6. The Font Software is licensed for the domains, and a defined number of unique monthly visitors in total, as identified on your receipt. If the maximum number of allowed unique visitors is exceeded for three (3) consecutive months, the purchase of an additional license is required. Terminal reserves the right to inspect or monitor your usage.
7. The terms and price associated with this License are based upon the domain names, maximum unique. If you anticipate an increase in unique visitors, increase in the number of domains you should notify Terminal as early as possible. You are not entitled to a refund, offset or other adjustment in the event of a reduction in the number of domains, reduction of the number of unique viewers, irrespective of the reasons.
8. You agree to exercise commercially reasonable efforts to prevent the use of any process or method that allows hot-linking, re-serving or re-directing access to and/or use of the Web Font Software by unlicensed parties. The use of third party software hosting or font hosting services for the purposes of using the Font Software licensed under this Agreement is not permitted without the express written permission of Terminal.
9. The use of the Font Software for use in web accessible forms is permitted. However, any other editable use of the Software, such as in templates where font styles can be selected or for use in the creation of customizable designs or products requires the purchase of a separate license.
10. The Font Software is the exclusive property of Terminal. All right, title and interest in and to the Font Software, the design of the Fonts embodied therein, all copyrights and trademarks, trade names and service marks associated therewith are the exclusive property of Terminal.
11. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or alter, the Webfonts, the Font Software or the designs embodied therein. The Font Software, the Webfonts and/or documentation may not be sublicensed, sold, leased, rented, lent, shared, re-served or given away.
12. You are not permitted to redirect or otherwise use the Software for the benefit of unlicensed third parties. If you anticipate using the Font Software for the creation of a third party website or for the use by third parties not identified in your license you or the third party must purchase appropriate licenses and ensure that your client or the end user is properly licensed.
13. The creation of any derivative works and/or designs based upon or of the Font Software or the designs embodied therein is expressly prohibited. This term is contractual in nature. Any derivative work created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Font Software, including, but not limited to, other software, EPS files, Applications (“Apps”) or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Terminal and shall be subject to the terms and conditions of this License. Derivative works, if any and whether permitted or not, may not be sublicensed, sold, leased, rented, lent, or given away without the express written permission of Terminal. Terminal shall not be responsible or liable for the fitness or suitability for use or accuracy of any derivative works not created and/or supplied by Terminal.
14. The License granted herein is specific to You and You may not, absent the express written permission of Terminal, be transferred, loaned, sold or assigned. All rights not expressly identified and granted herein are expressly reserved to Terminal.
15. The Terminal Font Software is protected under domestic and international trademark, copyright law. You may, but are not required, to identify Terminal Design as the owner in any design or production credits.
16. Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Terminal shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other assurance. Upon termination You agree to immediately discontinue using and certify that no copies remain in your possession or control.
17. Except as may be otherwise expressly stated herein, TERMINAL DESIGN MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. THE FONT SOFTWARE WAS NOT MANUFACTURED FOR USE IN MANUFACTURING CONTROL DEVICES OR NAVIGATION DEVICES OR IN CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY OR DEATH. TERMINAL DESIGN DOES NOT REPRESENT OR WARRANT THAT THE FONT SOFTWARE OR WEB FONTS WILL BE OPERABLE IF CURRENT TRANSMISSION, OPERATING SYSTEMS AND INTEROPERABILITY STANDARDS CHANGE. WITHOUT LIMITING THE FOREGOING, TERMINAL DESIGN SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER, ITS INTERNET WEBSITE VISITORS OR THE SPEEDS OF THEIR CONNECTIONS OR THEIR DEVICES OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE. UNDER NO CIRCUMSTANCES SHALL TERMINAL DESIGN’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE OR THE TERMINAL DESIGN WEBFONT SOFTWARE LICENSE FEE.
18. The Terminal Design Webfont Software End User License Agreement is subject to the law of the State of New York as they relate to contracts entered into and wholly performed therein and without regard to its conflict of laws principles or the conflict of laws principles of any other jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts of New York for the resolution of any disputes arising out of or related to this Agreement and you consent and agree to service of process by Certified Mail, return receipt requested and expressly agree to waive any defenses or objections arising by reason of the jurisdiction and forum selected by Terminal Design for the resolution of any dispute. By downloading, accessing and or installing the Font Software or Web Font Software, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
