This Web End User License Agreement (this “Web EULA”) constitutes a legally binding agreement between you (the “Licensee”) and Tipofili LLC (together with its successors and assigns, “Licensor”). This Web EULA, together with the General Terms (the “Agreement”), governs the License and Licensee’s use of the Font Software.
The following terms have the meaning specified below and throughout this Web Addendum:
a. A “webfont” is font software that has been created, optimized, translated or otherwise specially modified for use on the Internet for styling or viewing text on a website.
b. The “domain” is the host name of a website’s home page. The domain may be comprised of one unique second-level domain name (as in “example” of http://www.example.com), multiple top-level domains (as in .com, .org, .fr, etc.), and multiple sub-domains (as in “shop” of shop.example.com, or “blog” of blog.example.com, etc.). Under this license, Licensee must own the domain and control the content of the licensed websites.
c. A “website” is defined as a collection of related web pages organized under a single domain. The website may be viewed with a web browser and/or via a web-based mobile app provided that the webfonts are not included or embedded as explained in section 2 below. A web-based mobile app is restricted to operating on a hand-held device running one of the following operating systems: Android, iOS, Windows Phone or Windows RT.
2. Permitted Use of Webfont and Webforms
a. Webfonts. Subject to the License in the General Terms, the webfonts may be used for styling text on Licensee’s website via the CSS @font-face rule for the single domain that Licensee designates and identifies in the applicable purchase order or in such other format as approved by Licensor. Only the provided webfont files, such as WOFF and WOFF2 are permitted for use. Other webfont files, such as SVG and EOT may be requested. The use of alternate formats (such as TTF or OTF) is expressly prohibited. Licensee may not use the webfonts as a tool or resource for third parties to create customized products or documents. Further, the webfonts may **not be served to unlicensed domains, even if they are hosted on a licensed domain. The use of Licensor’s webfonts on a desktop, laptop, workstation computer, mobile app, e-reader, or for any uses not expressly permitted herein is prohibited.
b. Webforms. The use of the Font Software for static or dynamic forms is permitted provided that Licensee does not use the Fonts as a tool or resource for third parties to create customized products or documents. Licensee must purchase a special license for any use of the Fonts in editable text, including for the purpose of end user created designs, such as in templates, adding text to photographs or the creation of products requires the purchase of a separate license.
3. Third-Party Hosting Services; Web font File Protection
The use of third party font hosting services such as TypeKit is strictly prohibited and the Font Software should be stored and served from the same devices and location as the other software and assets associated with the licensed domains. Licensee agrees to use reasonable measures to ensure the webfonts are available only for the process of styling text on Licensee’s website. Any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Font Software by unlicensed parties is strictly prohibited.
4. Unique Visitors
A unique visitor is a distinct computer or mobile device connecting to Licensee’s website. The average monthly traffic of Licensee’s website, measured in unique visitors over the span of six consecutive months, must not exceed the amount shown on Licensee’s sales receipt. If the maximum number of allowed unique visitors is exceeded for three (3) consecutive months, the purchase of an additional license is required. The terms and price associated with this license are based upon the domain names and maximum unique visitors. If Licensee anticipate an increase in unique visitors, increase in the number of domains or an election to not renew this license Licensee should notify Licensor as early as possible. Licensee is not entitled to a refund, offset or other adjustment in the event of a reduction in the number of domains or reduction of the number of unique viewers, irrespective of the reasons.
Licensor reserves the right to inspect or monitor Licensee’s usage, and if Licensor has good faith reasons to believe that Licensee is exceeding its permitted usage, Licensor may request that Licensee provide a certified report of its usage to Licensor within five (5) business days of such notice from Licensor.