END USER LICENSE AGREEMENT
(FOR WEBFONTS)
By downloading, installing and/or embedding font software (“Webfont”) offered by Sardiez or its distributors, you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”):
1. Right Granted
Sardiez grants Licensee a perpetual, worldwide, non-exclusive and non-transferrable license to link the Webfont to Websites using the @font-face selector in CSS files.
2. Requirements and Restrictions
Licensee agrees to abide by the following requirements and restrictions:
a. Licensee must use the Webfont provided by Sardiez under this EULA. Licensee may not link to the full, CFF OpenType or TrueType font designed for desktop installation.
b. The total traffic of the Website(s), measured in pageviews per month, may be no greater than the number of pageviews specified in the Receipt.
c. Licensee may only install the Webfont on Websites that it owns or controls.
d. Licensee may embed Webfont in reports generated by the Website(s), provided that Licensee does not sell the reports for profit.
3. Provision to Third Parties
Licensee may temporarily provide the Webfont to a website developer, agent or independent contractor, who is working on behalf of the Licensee, ONLY IF the developer, agent or independent contractor (1) agrees in writing to use the Font exclusively for Licensee’s work, according to the terms of this EULA, and (2) retains no copies of the Font upon completion of the work. Licensee may not otherwise distribute the Webfont to third parties or make the Webfont publicly accessible or available except by embedding or linking in accordance with this EULA.
4. Term
This EULA grants a perpetual license for the rights set forth in Paragraph 1 unless and until the EULA terminates under Paragraph 8. Sardiez will not charge additional fees post purchase, annually or otherwise.
5. Other Usage
Licenses for desktop use, computer applications and games, installable interactive books, software, mobile applications and games, Ebooks and Epubs, product creation websites, website template distribution, website templates, and other uses not allowed by this EULA may be available for an additional fee. Contact Sardiez at sergio@sardiez.com for more information.
6. Modifications
Licensee may not modify the Webfont or create derivative works based upon the Webfont without prior written consent from Sardiez EXCEPT THAT Licensee may generate files necessary for embedding or linking in accordance with this EULA.
7. Copyright
The Webfont is protected by copyright law. Sardiez is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Webfont in any manner that infringes the intellectual property rights of the Foundry or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Sardiez, for any infringements on Sardiez’ rights caused by failure to abide by the terms of this EULA.
8. Termination
This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Sardiez may terminate the EULA with 30 days notice. This EULA will terminate automatically 30 days after the issuance of such notice.
9. Disclaimer and Limited Warranty
Warranty Sardiez warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on Receipt. Sardiez’ entire liability, and Licensee’s exclusive remedy, for a defective product shall be, at Sardiez’ election, either (1) return of purchase price or (2) replacement of any such product that is returned to Sardiez with a copy of the Receipt. Sardiez shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives Licensee specific legal rights. Licensee may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED “AS IS”. SARDIEZ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Product rests upon Licensee. Sardiez doesn’t warrant that the functions contained in the Product will meet Licensee’s requirements or that the operation of the software will be uninterrupted or error free.
SARDIEZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF SARDIEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.
10. Entire Agreement
Entire Agreement This EULA, in conjunction with the receipt (“Receipt”) that accompanies each Font licensed from Sardiez or its distributors, constitutes the entire agreement between Sardiez and Licensee.
11. Modification
The Parties may modify or amend this EULA in writing.
12. Waiver
The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.