End User License Agreement for Webfonts
THIS END USER LICENSE AGREEMENT (HEREINAFTER “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU, OR, IF YOU REPRESENT A LEGAL ENTITY, THAT LEGAL ENTITY (HEREINAFTER “YOU”) AND DELVE FONTS LLC (HEREINAFTER “DELVE FONTS”), AND IS APPLICABLE TO THE FONT SOFTWARE ACCOMPANYING THIS AGREEMENT.
BY DOWNLOADING OR INSTALLING THE FONT SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE FONT SOFTWARE.
Delve Fonts grants to You a non-exclusive, non-assignable, non-transferable license (subject to all of the terms and conditions of the Agreement) to use the Font Software and Documentation, provided You agree to the following:
1.1. “Font Software” means coded software that is accompanied by this Agreement or that You have ordered online and that generates typeface designs when used with the appropriate software. The term “Font Software” shall also include any modified versions, updates, additions, and copies of the Font Software licensed to You by Delve Fonts.
1.2. “Licensed Unit” means installations of the Font Software that facilitate presenting the design of Your Websites, limited to 100,000 Pageviews per month. If Your Websites averages (based on a period of six consecutive calendar months) at any given time in the future exceed the Licensed Unit of Pageviews per month, You must purchase an extended license from Delve Fonts.
1.3. “Use” means to design Your own personal or business Website with the typeface embodied in the Font Software and to make accessible the Font Software together with Your Website on a web server in order to enable a web browser to render the content of such a Website using the respective Font Software. Use does not include the restrictions set forth in Section 3. below.
1.4. “Website” as used here is a connected group of related web pages which form an entity whose content is managed by You, and which are organized under a particular domain name, including sub-domains. The Website can be viewed either over Your local area network or over the Internet. For the avoidance of doubt, web pages on sub-domains whose content is managed by other persons are deemed to be not part of Your Website.
1.5. “Pageview” is each request to load a single page of each of Your Websites. Pageviews—also referred to as page impressions or page requests—must be recorded by a commonly accepted or recognized performance tracking system. Delve Fonts reserves the right to request written copies of your average Pageview reporting statistics.
1.6. “Documentation” means related explanatory written materials that accompanies the Font Software and this Agreement.
Grant of License
Delve Fonts grants to You a non-exclusive, non-assignable, non-transferable license to Use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the average number of Pageviews under which the Font Software is Used exceeds the amount set forth in the Licensed Unit, then You must request from Delve Fonts or its authorized distributors an appropriate license extension covering all Pageviews; an additional fee will be charged for license extensions.
Restriction of Use.
3.1 Restriction of Use. The Font Software is licensed for use on the web only, for styling HTML pages, using the CSS @font-face rule, and is subject to the following restrictions:
3.2 No Distribution. You are not allowed to copy, distribute or make the Font Software available to third parties for their use or for purposes other than the display of Your Websites. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to rent, lease, sublicense or lend the Font Software to third parties so that they can use it for their websites (even though such websites are hosted under Your domain name), e.g.- for websites of social networks, for individual online shops under a common domain name, in blogging communities, by online editors, as a design tool, etc. or (iii) to use the Font Software in an interactive web application where users can select the Font Software and enter or edit text using it.
3.3. No Conversion. Font replacement, conversion, or any other use of the Font Software is expressly prohibited. For example, but not limited to, the use of the Font Software with web font technologies such as sifr, Cufón or Typeface.js, is not allowed. If You wish to use the Font Software for such purposes, You must obtain a license for that Use from Delve Fonts. You may contact Delve Fonts via email at email@example.com or by postal mail to the address provided below.
3.4. No Embedding. You may not embed the Font Software in any documents (e.g.- pdf documents), applications or devices other than your Websites. You may not use the Font Software for other services that are rendering the fonts, e.g.- pre-press, plotting, exposing, etc. If You wish to use the Font Software for such purposes, You must obtain a separate font license from Delve Fonts. You may contact Delve Fonts via email at firstname.lastname@example.org or by postal mail to the address provided below.
3.5. No Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software except as expressly provided for in this Section 2 and the Definition of Use. If You want to make modifications to the Font Software, You must obtain the prior written consent of Delve Fonts. You may contact Delve Fonts via email at email@example.com or by postal mail to the address provided below.
3.6. Backup. You may make backup copies of the Font Software for archival purposes only, provided that You retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.
The Font Software is owned by Delve Fonts. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization and code of the Font Software are valuable trade secrets of Delve Fonts, and You agree to treat them as such. The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. You may not copy the Font Software or the Documentation, except as set forth in Section 3.6. Any copies that You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Font Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. Such use of any trademark does not give You any rights of ownership in that trademark. Except as stated above, this Agreement does not grant You any intellectual property rights in the Font Software.
Delve Fonts warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact Delve Fonts and provide sufficient information regarding your acquisition of the Font Software so as to enable Delve Fonts to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Delve Fonts will use commercially reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. Delve Fonts DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DELVE FONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, DELVE FONTS 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 DELVE FONTS 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 DELVE FONTS 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 DELVE FONTS 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 such limitations may not apply to you. In those jurisdictions, you agree that Delve Fonts’ 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 nonrefundable. For further warranty information, please contact Delve Fonts via email at firstname.lastname@example.org or by postal mail to the address provided below.
Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Delve Fonts shall be limited to either, at Delve Fonts’s option, the replacement of the Font Software or the refund of the license fee You paid for the Font Software. Delve Fonts and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Delve Fonts and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Delve Fonts or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Delve Fonts representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims You might have against Your retailer.
Upon failure by You to comply with the terms of this Agreement, Delve Fonts shall be entitled to terminate this Agreement upon notice by email, regular mail, or telefax. The termination of the Agreement shall not preclude Delve Fonts from suing You for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Delve Fonts.
You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations.
You agree to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement. This Agreement may only be modified in writing signed by an authorized officer of Delve Fonts.
This Agreement will be governed by the laws of the State of California. This 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.
Delve Fonts LLC, 2601 Blanding Ave #C512, Alameda, CA 94501
Last updated: November 10, 2019