Webfont Service Licence Agreement
THIS IS A LEGAL AGREEMENT. By accessing, downloading, or using the Typotheque Font Software you expressly agree to the following terms:
This Licence is for the benefit of users authorized under this Agreement who are accessing fonts via the Typotheque Webfont Service (“TWFS”). This licence does not permit the downloading and use of Typotheque font software (“Font Software”) for use on a desktop, laptop or workstation; if you wish to use the Typotheque Font Software in such a manner you must secure a separate licence. If you will be re-serving the Font Software for use on the websites of third parties or otherwise making the Font Software available for use by others, you are required to purchase additional licences. You further agree to treat the Font Software as confidential information and exercise reasonable care to avoid unauthorised distribution of the Font Software. If you cannot or do not agree to the terms of this licence, do not access the TWFS and notify Typotheque, Zwaardstraat 16, 2584 TX, Den Haag, The Netherlands.
This means that you can use the fonts only as webfonts, not install them on your computers. For desktop fonts you will need a different licence.
The Font Software and the designs embodied therein are the exclusive property of Typotheque. This non-exclusive and revocable licence grants you limited rights to use the Font Software on websites only. Other restrictions elsewhere in this licence may apply. All other rights, title and interest in and to the Font Software, together with the design of the Fonts embodied therein, the trademarks, trade names and service marks are each the exclusive property of Typotheque.
This means that by buying the licence you only buy the right to use the fonts. The fonts themselves remain the exclusive property of Typotheque.
Except as may be otherwise expressly permitted herein or by a separate written agreement, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, re-serve or otherwise copy the Typotheque Font Software or the designs embodied therein. You may not serve or re-serve the Font Software to third parties or websites that are not licensed by Typotheque. Serving the Font Software require a Typotheque Webfont Service Licence (“TWFS”). If you are accessing the Font Software via the TWFS, you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, modify, back-up, copy re-serve or otherwise attempt to redirect the Typotheque Font Software or the designs embodied therein to unauthorised recipients. The Typotheque Font Software or documentation may not be sublicensed, sold, leased, rented, lent, re-served or given away to another person or business.
This means that you canʼt modify or sell Typotheque fonts.
If you are using the Font Software for the creation of a third party website, unless specifically licensed for such actions, the user displaying the Typotheque Fonts must purchase a TWFS Licence. If you have purchased a licence to use downloadable Typotheque Font Software you do not have rights to transmit, serve or otherwise deliver or re-serve the Font Software digitally or physically either for yourself or for the benefit of a client. Unless specifically licensed under this or a separate written agreement, no third party rights are granted herein. Typotheque offers a special form of this licence for use by persons or companies who wish to host and serve web fonts. If you wish to host and serve Typotheque web fonts for your website or those of your clients, contact Typotheque.
This means that the client also needs to buy a licence for the fonts, not just the designer. If you want to host the fonts yourself, it is possible with a separate licence.
You agree that the creation of any derivative designs or typeface font software is expressly prohibited under this TWFS Licence. Any derivative work which uses, incorporates or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Typotheque Font Software, including, but not limited to, software, EPS files, or other electronic works, are considered derivative works under the Law of the Netherlands and shall be the Property of Typotheque and shall be subject to the terms and conditions of this Licence. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without the express written permission of Typotheque. Typotheque shall not be responsible or liable for unauthorised, modified and/or regenerated software or derivative works.
This means that you can’t create other fonts based on our fonts. You also cannot sell or rent modified versions of our fonts.
The TWFS Licence is a monthly subscription service available from Typotheque or its authorized providers of the TWFS. Use of the Font Software in font serving and/or replacement on websites or serving to websites, if so licensed, is permitted under this Agreement. If the TWFS service is terminated for whatever reason, you are not permitted to copy, store or archive the Typotheque Font Software for any purposes whatsoever. Failure to make payments for the TWFS will result in the termination of the TWFS. You will be provided with a basic level of bandwidth on the TWFS. Additional bandwidth or other functionality or services will incur additional fees. You are not permitted to redirect or re-serve the Font Software transmitted to you via the TWFS. The TWFS Licence granted herein is specific to you and the websites identified in this Licence Agreement and may only be used for legal purposes only and cannot be transferred, loaned, sold or assigned. You may not store or cache the Font Software, except as may temporarily occur during proper use, the Typotheque Font Software or the Font Software transmitted as a part of the TWFS. All rights not expressly identified and granted as a part of the TWFS are expressly reserved to Typotheque.
This means that you get some free monthly bandwidth, but if you go over it, you will pay a monthly fee.
If you are an advertising agency, acting on behalf of an advertising agency or otherwise acting in a similar capacity or for the benefit of a third party, the purchase of a TWFS Licence for your client or the end user is required and, depending upon how the Font Software will be used, an additional licence upgrade and/or the purchase of an additional special licence may be also be required. If you are creating a work that requires access of the Font Software by a third party, the end using party is required to purchase the TWFS Licence. If you are using the Font Software in cinema, motion pictures, on television or on cable television, or in animations, irrespective of the method of transmission or viewing, a special media licence is required from Typotheque and an additional licence fee may also be required.
This means that you need a special licence if you plan to use the fonts in movies. End users will always have to have their own font licence.
The TWFS is provided on a subscription basis and is configured to your anticipated usage volume/pageviews at the time of subscription. Changes in service needs may result in delays of service. Average users should experience no delays, a change to medium volume usage may result in a 2 day or more delay to match the TWFS to the volume usage. A change to a large volume/pageview service need may require 4 or more days to match the TWFS with the volume of page views requested. If you need to increase your service level or anticipate additional page view demand, you should notify Typotheque as early as possible so as to avoid or minimize delays or disruption of the TWFS and inconvenience to the visitors to your website.
This means that usually you can start using webfonts immediately, but in cases of very large websites, there might be a small delay to configure our servers to handle the traffic.
The embedding of the Typotheque Fonts Software in other software or devices or in any other form whatsoever is not permitted under this Licence and requires the purchase of a separate licence agreement.
This means that you need a special licence if you plan to embed the fonts in hardware or software.
The Typotheque Font Software is protected under domestic and international trademark, copyright and industrial design law. You may, but are not required, to identify Typotheque fonts and ownership in any design or production credits.
This means that Typotheque fonts are copyrighted and protected by trademark.
Any breach of the terms of this Agreement or the TWFS shall be cause for immediate termination. In the event of termination without the obligation of notice or opportunity to cure, Typotheque is entitled to seek any and all remedies without limitation of any remedies under law or equity, including injunctive relief. You agree to immediately discontinue using or return the Font Software to Typotheque and certify that no copy remains in your possession or control.
This means that if you violate these terms, this agreement will be cancelled.
You are permitted to transfer this TWFS Licence provided you notify Typotheque of both the transfer and the new Internet address for the purposes of serving the Font Software provided via the TWFS. Typotheque shall have no responsibility for errors associated with incorrect information related to the transfer of the licence or issues related to services associated with the Internet address or website of the party accepting the transferred TWFS Licence.
This means that you may transfer the font licence to a third party if he agrees to the licensing conditions in writing.
TYPOTHEQUE 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. TYPOTHEQUE DOES NOT REPRESENT OR WARRANTEE THE TRANSMISSION SPEEDS OR THAT THE TWFS WILL BE CONTINUOUS OR UNINTERRUPTED. WITHOUT LIMITING THE FOREGOING, TYPOTHEQUE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER 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 OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR ACCESS THE TWFS OR IF THE TWFS IS DELAYED OR IMPEDED EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL TYPOTHEQUE’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE OR THE TWFS LICENCE FEE FOR THE TERM THEN IN EFFECT.
This means that we canʼt guarantee that the fonts will be appropriate for your projects.
Under no circumstances shall Typotheque’s liability exceed the substitution or replacement cost of the Font Software, whichever is less, and at the sole discretion of Typotheque. The terms of this Agreement are contractual in nature.
The Typotheque Font Software Licence Agreement is subject to the law of the Netherlands. By using the Fonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Licence Agreement.