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Monotype Webfonts Subscription Agreement




MONOTYPE SOFTWARE
AND SERVICES AGREEMENT (SUBSCRIPTION)


 


WE RECOMMEND THAT
YOU PRINT THIS SOFTWARE AND SERVICES LICENSE AGREEMENT FOR FURTHER REFERENCE.


 


This Software and
Services 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. If you do not wish to be bound by the Agreement, you
cannot Use or access the Software or Services. Please read this entire
Agreement before you agree to be bound by its terms and conditions. The
Agreement contains capitalized terms that are defined in Section 28.


 


This Agreement
governs your right to use the following Software and Services that may be
provided to you by Monotype depending on the plan elections made by you in your
Account located at http://www.fonts.com/web-fonts:


 


* SkyFonts Client
Software


* Web Font
Software (including the Kit Web Font Software)


* Web Font
Services


* Web Font
Support


* Trial Font
Software


* Mockup Font
Software


* Desktop Font
Software


 


YOU HEREBY AGREE
TO THE FOLLOWING:


 


1. You are bound
by the Agreement and you acknowledge that all Use of and access to the Software
and Services supplied to you by Monotype is governed by the Agreement and you
have no rights to the Software or Services other than as set forth in this
Agreement.


 


2. Your right to
Use or Access the Software or Services is subject to your payment of all
applicable fees and the maintenance of your Account in good standing. You agree
not to grant any third party access to your Account and keep all login
information strictly confidential. You agree to keep your Account current and
up to date and provide any and all information requested by Monotype in your
Account in a timely manner.


 


3. All rights not
expressly granted in the Agreement are reserved to Monotype.


  


   SkyFonts Client Software


4. You agree that
your Use of certain of the Font Software that may be licensed under this
Agreement requires the installation of the SkyFonts Client Software on the
Workstations in your Licensed Unit and further agree that either you will or
Monotype may install the SkyFonts Client Software on the Workstations contained
in your Licensed Unit.


 


Web Font
Software, Web Font Services and Web Font Support


5. If your
Account indicates that you have subscribed to a Plan that allows you to access
and Use Web Font Software, You are hereby granted, for the Term, a
non-exclusive, non-assignable, non-transferable license to (a) publish
Electronic Content which accesses the Web Font Software through the Web Font
Services to render such Electronic Content on End-Users’ Output Devices, and
(b) receive the Web Font Support. You may NOT Use or access, nor allow
End-Users to Use or access, the Web Font Software (1) as part of or in
conjunction with any Application, (2) for Editing, or (3) in a Commercial
Product.


 


6. If Account
indicates that you have subscribed to a Plan that allows you to self-host the
Web Font Software, then you may elect to publish Electronic Content which
accesses certain Web Font Software through a self-hosting option by downloading
a self-hosting kit at http://www.fonts.com/web-fonts. If you download a
self-hosting kit, as of the date of such download and subject to the terms of
this Section 6:


 


6.1. You are
granted for the Term, a non-exclusive, non-assignable, non-transferable license
to (i) Use the Kit Web Font Software to generate Electronic Content, and (ii)
install the Kit Web Font Software on a server and Use the Kit Web Font Software
to, directly or through a third party web font hosting service with which you
have a written agreement regarding the use and protection of the Kit Web Font
Software, to generate Electronic Content. 
To the extent technically achievable, you and any third party web font
hosting service are responsible for protecting against access to the Kit Web
Font Software, in its original form, in any unauthorized manner including
referencing by any unauthorized Web Site or Electronic Content.  The failure to adequately protect the Kit Web
Font Software used in the Electronic Content against Use by other electronic
content shall be considered a breach of this Agreement.


 


6.2. You may
authorize a third party (such as an advertising agency, independent or
freelance designer or similar individual or organization) to access the
self-hosting kit and Use the Kit Web Font Software on your behalf as set forth
in (i) and (ii) above, provided that you provide such third party with a copy
of this Agreement and such third party accepts the terms and conditions of this
Agreement. In case of an authorization of a third party by you, you will be
liable for any breach of the terms of this Agreement by any such third party
and you shall be responsible for ensuring that such third party ceases accessing
or Using such Web Font Software upon the completion of the creation of your
Electronic Content. 


 


6.3. You must
retain the page view tracking code on any Electronic Content that you
self-host.


 


6.4. In the event
this Agreement terminates for any reason, the Kit Web Font Software must be
deleted from the server and all copies must be destroyed or returned to
Monotype.  If you have authorized a third
party to access and Use a self-hosting kit to generate Electronic Content on
your behalf, agree and understand that you are responsible for (a) assuring
that such third party destroys the self-hosting kit, (b) requiring the third
party to certify to such destruction, and (c) providing evidence of such
destruction to Monotype upon Monotype’s request. If you deploy font software in
the self-hosting kit that is not Kit Web Font Software, you agree and
understand that you are responsible for compliance with any license terms
associated with such font software. Monotype shall have no obligation of any
kind for any font software used in a self-hosting kit which is not Kit Web Font
Software.


 


Trial Font
Software


7. If Account
indicates that you have subscribed to a Plan at that allows you to access and
Use Trial Font Software, You may Use the Trial Font Software on the number of
Workstations in your Licensed Unit in each case for the period of time stated
in such Plan, solely for Evaluation Purposes.


 


Mockup Font
Software


8. If Account
indicates that you have subscribed to a Plan that allows you to access and Use
Mockup Font Software, You may Use the Mockup Font Software on the number of
Workstations in your Licensed Unit solely to design Electronic Content for the
limited period of time stated in such Plan. You shall have no right to exercise
any of the rights set forth in Section 9 with respect to the Mockup Font
Software. Additionally, if you are an agency (for example a web design agency,
independent design contractor or a hosting provider) responsible for clients’
Electronic Content, you may allow your clients to access the Production Web
Font Software through the Web Font Services to render such clients’ Electronic
Content on End-Users’ Output Devices, provided that (1) you inform Monotype by
email to [email protected] about any change in the client structure (including,
but not limited to, the introduction of new clients or the termination of a
client relationship); (2) all clients accept the terms and conditions of this
Agreement; and (3) you accept liability for a breach of the terms of this
Agreement by any client.


 


Desktop Font
Software


9. If Account
indicates that you have subscribed to a Plan that allows you to access and Use
Desktop Font Software (including but not limited to the Monotype Library
Subscription Plan), You are hereby granted a non-exclusive, non-assignable,
non-transferable license to access and Use the specific Desktop Font Software
made available to you through your specific Plan (i) only for the Term, (ii)
only in a Licensed Unit, (iii) only for your Personal or Internal Business Use,
and (iv) in the case where a recipient of an electronic document is able to Use
the Desktop Font Software for Editing, only if the recipient of such document
is within your Licensed Unit. You may embed the Desktop Font Software only into
an electronic document, solely for print and view, that (a) is not a Commercial
Product, and (b) is distributed in a secure format that does not permit the
extraction of the embedded Desktop Font Software. You may embed static graphic
images into an electronic document, including a Commercial Product, (for
example, a “gif”) with a representation of a typeface and typographic design or
ornament created with the Desktop Font Software as long as such images are not
used as a replacement for Desktop Font Software, (i.e., as long as the
representations do not correspond to individual glyphs of the Desktop Font
Software and may not be individually addressed by the document to render such
designs and ornaments). The Desktop Font Software may not be installed or Used
on an internal or external (i.e., internet accessed) server or in any other
manner not expressly provided for under the terms of this Agreement.


 


API’s


10. You may
access your Account data and settings directly or through the use of an API.
The use of an API, either directly or through a third-party product, is bound
by the terms of this Agreement as well as the terms contained in this Section
10 that are specific to your use of an API. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MONOTYPE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY
OTHER INTANGIBLE LOSSES (EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE API OR THIRD-PARTY PRODUCTS
THAT ACCESS YOUR ACCOUNT DATA AND SETTINGS THROUGH YOUR USE OF THE API. If
Monotype determines that you are abusing the use of the API, Monotype may
suspend your Account, either temporarily or permanently. Monotype, in its sole
discretion, will determine what constitutes abuse of your use of the API.
Monotype may advise you prior to your account suspension of such impending
suspension, however Monotype is not obligated in any way to do so. Monotype
reserves the right to modify, discontinue or suspend your access to an API, or
any part of an API, with or without notice, at any time.


 


Limited
Warranties


11. Monotype
warrants to you that the Desktop Font Software will perform substantially in
accordance with its documentation for the thirty (30) day period following the
date of your download of the Desktop Font Software from
www.fonts.com/web-fonts. To make a warranty claim, you must, within the thirty
(30) day warranty period, contact Monotype and provide sufficient information
regarding your acquisition of the Desktop Font Software so as to enable
Monotype to verify the existence and date of the transaction. The entire,
exclusive and cumulative liability and remedy shall be that Monotype will use
commercially reasonable efforts to cause the Desktop Font Software to conform
to the documentation as soon as commercially practicable.


 


12. Monotype
warrants to you that (i) the Web Font Software delivered to you through the Web
Font Services 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 this Agreement, and (ii) the other Software will
perform substantially in accordance with its documentation, in each case for
the thirty (30) day period following the date you agree to the Agreement or for
the Term, whichever is shorter. To make a warranty claim, you must, within the
thirty (30) day warranty period, contact Monotype with sufficient information
regarding your claim. If the Web Font Software does not perform substantially
in accordance with this paragraph, the entire, exclusive, and cumulative
liability and remedy shall be that Monotype will use commercially reasonable
efforts to cause the Web Font Software provided herein to conform to the
specifications within thirty (30) days or as soon thereafter as commercially
reasonable. If the Software does not perform substantially in accordance with
this paragraph, the entire, exclusive, and cumulative liability and remedy
shall be that Monotype will use commercially reasonable effects to cause the
Software provided herein to conform to its documentation within thirty (30)
days or as soon thereafter as commercially reasonable.


 


13. MONOTYPE DOES
NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF
ANY WARRANTY CONTAINED HEREIN. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES,
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
that 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 font software is non-returnable and non-refundable.


 


General


14. YOU
ACKNOWLEDGE AND AGREE THAT THE INVENTORY OF FONT SOFTWARE AVAILABLE FOR YOUR
ACCESS AND USE MAY VARY DEPENDING ON THE PLAN YOU HAVE SUBSCRIBED TO AS SET
FORTH IN YOUR ACCOUNT, AND NOT ALL FONT SOFTWARE WILL BE AVAILABLE UNDER EVERY
PLAN.  YOU FURTHER ACKNOWLEDGE AND AGREE
THAT NOT ALL FONT SOFTWARE IS OR WILL BE AVAILABLE IN ALL FILE FORMATS. FONT
SOFTWARE INVENTORY AND AVAILABLE FILE FORMATS ARE SUBJECT TO CHANGE AT
MONOTYPE’S SOLE DISCRETION. MONOTYPE RESERVES THE RIGHT TO ADD, REMOVE OR
UPDATE MOCK-UP FONT SOFTWARE, TRIAL FONT SOFTWARE AND/OR DESKTOP FONT SOFTWARE
FROM ANY OR ALL OF THE PLAN’S INVENTORY AT ITS SOLE DISCRETION AT ANY TIME, AND
MAY USE THE SKYFONTS CLIENT SOFTWARE INSTALLED ON THE WORKSTATIONS IN YOUR
LICENSED UNIT TO DO SO. 


 


15. You agree
that Monotype owns all right, title and interest in and to the Software, its
structure, organization, code, and related files, including all property rights
therein such as copyright, design and trademarks rights. You agree that the
Software, its structure, organization, code, and related files are valuable
property of Monotype and that any intentional Use of or access to the Software
not expressly permitted by the Agreement constitutes a theft of valuable
property.


 


16. You
acknowledge that the Software is protected by the copyright and other
intellectual property law of the United States and its various States, by the
copyright and design laws of other nations, and by international treaties and
your use of the Software shall be in compliance with such laws and treaties.


 


17. You may not
rent, lease, sublicense, give, lend, or further distribute the Software, or any
copy thereof. You may not copy the Software, except as expressly provided
herein and you agree not to copy the design embodied within the Font Software.
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 Software.


 


18. You agree not
to adapt, modify, alter, translate, convert, or otherwise change the Software,
or to create Derivative Works from the Software or any portion thereof. You
further agree not to use the Software in connection with software and/or
hardware which creates Derivative Works of such Software. You may not alter the
Software for the purpose of adding any functionality which the Software did not
have when you first accessed the Software. You agree not to reverse engineer,
decompile, disassemble, or otherwise attempt to discover the source code of the
Software, 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 proviso, you may reverse engineer or decompile the
Software 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 by
Monotype upon written request).


 


19. You agree to
use trademarks associated with the Software according to accepted trademark
practice, including identification of the trademark owner's name. Trademarks
can only be used to identify output produced by the Font Software. The use of
any trademark as herein authorized does not give you any rights of ownership in
that trademark and all use of any trademark shall inure to the sole benefit of
Monotype. You may not change any trademark or trade name designation for the
Software.


 


20. Except as
noted in Section 21, the Agreement is governed by the laws of the Commonwealth
of Massachusetts applicable to contracts wholly entered and performable within
such Commonwealth (without regard to applicable conflict of laws provisions).
The United States District Court for the District of Massachusetts or, if
federal subject matter jurisdiction is lacking, the Superior Court of the
Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum
for any disputes arising out of or related to such agreement. Both you and
Monotype agree to the personal jurisdiction and venue of these courts in any
action related to such agreement. The Agreement will not be governed by the
United Nations Convention of Contracts for the International Sale of Goods, the
application of which is expressly excluded. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the balance of
the Agreement, which shall remain valid and enforceable according to its terms.


 


21. This Section
21 only applies to you if you are a “consumer” located in the European Union
(as such term is defined and interpreted under the EC Convention on the Law
Applicable to Contractual Obligations (Rome 1980)). This Agreement shall be
governed by, and interpreted and construed in its entirety in accordance with,
the substantive laws in force in the country in which you have your habitual
residence and the forum for any disputes arising out of or related to this
Agreement shall be the courts competent for the place of your habitual
residence. You can withdraw from this Agreement within one (1) month, without
giving a reason, in textform (e. g. letter, fax or email), or – in case you
receive any goods under this Agreement before that deadline – by returning such
goods. The period shall begin after the receipt of these instructions in
textform, however not before the day on which you receive the goods and not
before the performance of duties to inform, if applicable. To comply with the
time limit, it is sufficient to send the withdrawal or the goods in good time.
The withdrawal is to be sent using the contact details for Monotype set forth
at the bottom of this Agreement. A right of withdrawal may not be exercised if
goods have been downloaded, sent to you by email or – in case of a delivery on
CD-ROM – the delivered data carrier has been unsealed by you.


 


22. If your
Account and any applicable fees paid indicate that you have acquired a Paid
License through your Plan, your Paid License and this Agreement will be
automatically renewed for a subsequent Term, and you will have the option of
accepting the renewal of your Paid License and this Agreement for such
subsequent Term(s) by paying the fee for each subsequent Term. Monotype
reserves the right to adjust the fees associated with any Paid License at any
time, however such adjusted fees shall not apply to you until the conclusion of
your then-current Term. If you renew the Agreement for subsequent Term(s), you
agree that the license fee for the Use of and access to the Software for such
subsequent Term(s) may vary from the license fee for the previous Term based
upon (a) Monotype’s previous adjustment of the fees associated with such
licenses, (b) the length of the renewal Term, (c) the Desktop Font Software to which
you request access, and (d) the usage or accessing of the Web Font Software by
the Electronic Content. Monotype shall have the right to increase your license
fee in respect of a current or renewal Term if your usage exceeds the allowed
levels.  If you choose not to renew your
Paid License for a subsequent Term, you agree and understand that the terms of
this Agreement, including the fees associated with any Paid License, shall no
longer apply to you. Any future licensing of any Paid License under this Agreement
shall not constitute a revival of this Agreement, and any fees you pay for such
future licensing of such product will be at Monotype’s then-current rates. The
Term available for you to license any Plan may change in the future.   If your Account indicates that you have
acquired a Free License, the Agreement will automatically renew for subsequent
one (1) year terms unless the Agreement terminates or you upgrade your license.
With a Free License, you agree to place a line of JavaScript on all Electronic
Content that Uses or accesses Web Font Software which will enable the Web Font
Services. This also gives Monotype the right to invoke an ad unit to be placed
on all Electronic Content that uses our Web Font Software, with the formatting
and content of such ad unit to be determined by Monotype in its sole
discretion. Information regarding applicable license fees can be found on the
pages containing the description of each Plan at www.fonts.com//web-fonts.  Such information and plans may be updated
from time to time by Monotype in its sole discretion.


 


23. Upon failure
by you to comply with the terms of this Agreement, Monotype shall be entitled
to terminate this Agreement upon notice to you by notification in your Account,
regular mail, telefax or email. The termination of the Agreement shall not
preclude Monotype from suing you for damages resulting from any breach of the
Agreement, and any early termination of this Agreement due to your failure to
comply with its provisions and obligations shall not entitle you to a refund of
fees paid for the remainder of your Term. Termination of this Agreement shall
also constitute termination of the Agreement for any other services provided to
you by Monotype that have been linked to your Account. The Agreement may only
be modified in writing signed by an authorized officer of Monotype.


 


24. You have the
rights expressly set forth in the Agreement and no other. All rights in and to
the Software, including unpublished rights, are reserved under the copyright
laws of the United States and other jurisdictions. Notwithstanding the
foregoing, to the extent that any law, statute, treaty, or governmental
regulation shall be deemed by a court of competent jurisdiction to provide you
with any additional or different rights from those provided herein and such
rights shall be deemed non-waiveable as a matter of law and to supersede the
rights specifically provided herein, then such law, statute, treaty, or
governmental regulation shall be deemed to be made a part of the Agreement. To
the extent that any such rights created by any law, statute, treaty or
governmental regulation are waiveable, you agree that your acceptance of the
Agreement shall constitute an effective and irrevocable waiver of such rights.
The Agreement may be enforced by Monotype or by an authorized dealer acting on
behalf of Monotype.


 


25. If this
product is acquired under the terms of a (i) GSA contract - use, reproduction
or disclosure is subject to the restrictions set forth in the applicable ADP
Schedule contract, (ii) DOD contract - use, duplication or disclosure by the
Government is subject to the applicable restrictions set forth in DFARS
252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure
is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the
Agreement.


 


26. You agree
that the Software will not be shipped, transferred or exported into any country
or used in any manner prohibited by the United States Export Administration or
any applicable export laws, restrictions or regulations.


 


27. All Software
will be shipped F.O.B. Origin by customary industry methods of shipment.


 


28. Definitions:


 


"Account"


means your
account located at http://www.fonts.com/web-fonts.


"API"


means an
application programming interface.


"Application(s)"


means any
software program which allows an End-User to Use or access the Font Software to
create a document or file or to change the selection of Font Software or any
other font software used in or accessed by any document or file, including but
not limited to server pages, web pages, documents and/or web-based documents.
For the avoidance of doubt, and for illustration purposes only, an Application
would allow an End-User to change a font in an electronic document from Arial to
Times New Roman.


"Commercial
Product(s)"


means, with
respect to the Font Software, anything created by Use of the Font Software
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 (such
as in an electronic game, an Application or in any manner where the Font
Software is embedded into electronic content which is distributed for a
separate fee or other consideration); provided that Electronic Content created
by Use of the Web Font Software under the terms of this Agreement shall not be
considered a Commercial Product. 


"Derivative
Work(s)"


means binary data
based upon or derived from the Software (or any portion of the Software) 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
Software may be converted.


"Desktop
Font Software"


means the Font
Software identified as such, from time to time, in your Account, subject to the
limitations set forth in your Account and the license rights set forth herein,
which when Used on or accessed by an appropriate device or devices, generates
typeface and typographic designs and ornaments and which is made available to
you, in Monotype’s sole discretion, through the SkyFonts Client Software.
Desktop Font Software includes all copies of the Desktop Font Software Used or
accessed by the Workstations in your Licensed Unit, and all bitmap renderings
of typeface and typographic designs and ornaments created by or derived from
the Desktop Font Software. Desktop Font Software includes upgrades and updates
to the Desktop Font Software (which Monotype may make available through the
SkyFonts Client Software in its sole discretion), related files, permitted
modifications, permitted copies, and related documentation. Monotype reserves
the right to remove or update Desktop Font Software from the SkyFonts Client
Software at its sole discretion at any time.


"Editing"


means any input
of text that is displayed using the Font Software.  For the avoidance of
doubt, Editing includes the insert of text into a form field.


“Electronic


Content“


means Web Sites
or digital advertisements that have been created by you or your authorized
third party through the Use of the Web Font Software under the terms of this
Agreement in hypertext markup language (HTML).


"End-User(s)"


 means, with respect to Web Font Software, any
individual who is allowed to view the Electronic Content on an Output Device,
either over an internal network or over the Internet.


"Evaluation
Purposes"


means the Use of
the Font Software in such a manner that does not result in Personal or Internal
Business Use, a Commercial Product, a Derivative Work, or any other
distribution of the Font Software or any electronic or printed document created
through the Use of the Font Software.


"Free License"


means a category
of license rights, which does not require payment of any fees, and are as
described in the Plan and which, if applicable to you, will be indicated in
your Account.


"Font
Software"


means,
collectively, the Web Font Software (including the Kit Web Font Software), the
Trial Font Software, the Mockup Font Software and the Desktop Font Software.


“Kit Web Font


Software”


means the Web
Font Software delivered to you with the self-hosting kit and subject to the
limitations set forth in your plan subscription and your Account, and the
limited license rights set forth herein.


“Licensed Unit”


means the number
of Workstations connected to the number of printers with non-volatile memories
identified in your Account.  For the
avoidance of doubt, a Licensed Unit shall be considered to be two (2)
Workstations unless a different number of Workstations is licensed by you in
your Account and the applicable fees paid.


“Mockup Font


Software”


means the Font
Software identified as such, from time to time, in your Account and subject to
the limitations set forth in your Account and the limited license rights set
forth herein and which, when Used on or accessed by an appropriate device or
devices, generates typeface and typographic designs and ornaments and which is
made available to you, in Monotype’s sole discretion, through the SkyFonts
Client Software. Monotype reserves the right to remove or update Mockup Font
Software from the SkyFonts Client Software at its sole discretion at any time.
Mockup Font Software includes all copies of the Mockup Font Software Used or
accessed by the Workstations in your Licensed Unit, and all bitmap renderings
of typeface and typographic designs and ornaments created by or derived from
the Mockup Font Software. Mockup Font Software includes upgrades and updates to
the Mockup Font Software (which Monotype may make available through the
SkyFonts Client Software in its sole discretion), related files, permitted
modifications, permitted copies, and related documentation.


“Monotype”


means,
collectively, Monotype Imaging Inc., its successors and assigns, its parent and
affiliated corporations, its authorized distributors, and any third party that
has licensed to Monotype any or all of the components of the Software supplied
to you pursuant to the Agreement.


“Output Device”


means a printer
or display which displays a screen image created by Use of or access to the Web
Font Software to make visible in human readable form, either temporarily or
permanently, the typeface design and fonts contained within the Web Font
Software.


“Paid License”


means a category
of license rights as described in the Plan that require the payment of a fee by
you to Monotype and which, if applicable to you, will be indicated in your
Account.


“Personal or


Internal Business
Use”


means Use of the
Software for your customary personal or internal business purposes and shall
not mean any distribution whatsoever of the Software or any component or
Derivative Work thereof. "Personal or Internal Business Use" shall
include Use of the Software within your Licensed Unit by persons that are
members of your immediate household, your authorized employees, or your authorized
agents.


“Plan”


means the
categories of subscription plans and associated rights and access to certain of
the Software as set forth on the pages containing the description of each Plan
at www.fonts.com/web-fonts.  The rights
and access to the Software offered under each Plan may be updated by Monotype
in its sole discretion, from time to time, and will be made available at
www.fonts.com/web-fonts.  If the terms of
your Plan change, such change will not be applicable to you until the
conclusion of your then-current Term.


“Services” 


means Web Font
Support.


“Software”


means the Font
Software and the SkyFonts Client Software.


“Supported
Browsers”


means those
browsers which make use of the @font-face’ rule specified in the CSS
specification set forth on the www.W3.org 


“SkyFonts


Client Software”


means an
operating system extension that you download to your operating system which
enables and disables the access to and Use of the Desktop Font Software.


“Term”


means the period
of time for which you have paid any applicable fees to license the rights set
forth in your Plan and in this Agreement, as indicated in your
Account; provided, however, that the Term for the Web Font Software may
differ from the Term for certain Desktop Font Software, depending on when the
latter was downloaded by you and provided further, that Monotype shall
have the right to terminate the Agreement at any time upon written notice to
you.


“Trial Font
Software”


means the Font
Software identified as such, from time to time, in your Account and subject to
the limitations set forth in your Account and the limited license rights set
forth herein and which, when Used on or accessed by an appropriate device or
devices, generates typeface and typographic designs and ornaments and which is
made available to you, in Monotype’s sole discretion, through the SkyFonts
Client Software. Monotype reserves the right to remove or update Trial Font
Software from the SkyFonts Client Software at its sole discretion at any time.
Trial Font Software includes all copies of the Trial Font Software Used or
accessed by the Workstations in your Licensed Unit, and all bitmap renderings
of typeface and typographic designs and ornaments created by or derived from
the Trial Font Software. Trial Font Software includes upgrades and updates to
the Trial Font Software (which Monotype may make available through the SkyFonts
Client Software in its sole discretion), related files, permitted
modifications, permitted copies, and related documentation.


“Use(d)(ing)”


of the Font
Software shall occur when an individual is able to give commands (whether by
keyboard or otherwise) that are followed by the Font Software, regardless of
the location in which the Font Software resides.


“Web Font


Services"


means the
Monotype Web Font Software hosting service which permits you to incorporate
code into your CSS specification which will result, with Supported Browsers, in
the Web Font Software being temporarily downloaded by Monotype to End-User
Output Devices in conjunction with the viewing of Electronic Content by
utilizing the ‘@font-face’ rule specified in the CSS set forth on the
http://www.W3.org website as of the date that you agree to this Agreement.
Monotype is not liable for any performance or availability issues of the Web
Font Services due to factors which are outside of Monotype’s reasonable
control.


“Web Font
Software”


means the Font
Software identified as such, from time to time, in your Account and subject to
the limitations set forth in your Account and the limited license rights set
forth herein and which, when Used on or accessed by an appropriate device or
devices, generates typeface and typographic designs and ornaments and which is
made available, in Monotype’s sole discretion, through the Web Font Services or
the self-hosting kit.  The Web Font Software in the Paid License tiers may
not be identical. Therefore, if you chose to migrate to a different tier, you
may be required to upgrade or change your Web Font Software selection.
Furthermore, Monotype reserves the right to remove or update Web Font Software
from the Web Font Services at its sole discretion at any time.  Web Font
Software includes all copies of the Web Font Software Used or accessed in
conjunction with the rendering of Electronic Content, including copies which
are temporarily cached on End-User Output Devices, and all bitmap renderings of
typeface and typographic designs and ornaments created by or derived from the
Web Font Software. Web Font Software includes upgrades and updates to the Web
Font Software (which Monotype may make available through the Web Font Services
in its sole discretion), related files, permitted modifications, permitted
copies, and related documentation. 


“Web Font


Support”


means,
collectively, the support categories described at http://www.fonts.com/web-fonts,
which are subject to change from time to time in Monotype’s sole discretion,
with your level of Web Font Support indicated in your Account.


“Web
Site(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) (i) which Uses or accesses
the Web Font Software in its web pages through the use of the Web Font Services
or self-hosting kit, and (ii) which does not in any way enable the permanent
installation of the Web Font Software by End-Users on any Output Device.


“Workstation(s)”


means a hardware
component in which an individual is able to give commands (whether by keyboard
or otherwise) that are followed by the Font Software, provided that a printer
with non-volatile memory shall not be considered a Workstation.  A single
workstation shall be connected to no more than one (1) printer.



"Monotype"
is a trademark of Monotype Imaging Inc. registered in the U.S. Patent and
Trademark Office and elsewhere. All other trademarks are the property of their
respective owners. Monotype's mailing address is: Monotype Imaging Inc., 600
Unicorn Park Dr., Woburn, Massachusetts 01801 USA.