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HOUSE INDUSTRIES END-USER
FONT SOFTWARE LICENSE AGREEMENT
WEBFONT (CSS @FONT-FACE) LICENSE
Please read this agreement carefully! By downloading, installing and using House Industries Font software (ÒLicensed SoftwareÓ), you are agreeing to the terms of this License personally and on behalf of any Entity on behalf of which you are downloading, installing, or using the Licensed Software (collectively referred to herein as ÒLicenseeÓ). If you have any questions or need clarification, please contact us at https://houseind.com/contact/ or 302-234-2356. This License grants the right to use only the specifically Licensed Software for only the number of Domains at the maximum number of unique visitors specified on the invoice at the time of purchase, unless later modified and agreed upon in writing by House Industries.
This license is specifically for use with CSS @font-face technology
1. Definitions of Terms Used in This Agreement:
Entity: an individual or a business organization (e.g. corporation, LLC, etc.)
Font: a set of character outlines that defines a particular typeface (e.g. Times New Roman) in one or more stylizations (e.g. Script, Interlock)
Font software: machine readable instructions for causing a rasterizing device to render a font
Print-on-Demand: a system or process whereby individual copies or small numbers of a text are printed to order
Design-on-Demand: a system or process whereby custom or personalized products are created from interactive content
Glyph: a graphic symbol that provides the appearance or form for a character
Embedding: the inclusion of font software files inside an electronic document
Dynamic Content: content that may vary in some way between different instances of an otherwise identical work, such as, for example, interactive content
Static Content: content that does not vary between different instances of a work
Logo: a unique set of stylized letters, optionally integrated with graphic elements, adopted as a proprietary identifier, such as a trademark
CSS @ Font-Face: Cascading Style Sheet (CSS) code for specifying a font to be used for rendering text in an HTML document by pointing to the URL where a font software file is located
Work: any contiguous and complete unit of content for delivery to a user in printed or electronic form
Domain: Domain: a single root domain (e.g. houseind.com) from which internet resources (e.g. website content) are accessible, including any subdomains sharing the same root domain (e.g. fonts.houseind.com)
2. If Licensee will be re-serving the Licensed Software for use on the websites of third parties or otherwise making the Licensed Software available for use by others, irrespective of the methods or technology used, Licensee is required to purchase additional licenses. If Licensee uses the Licensed Software for the creation of third party websites, unless specifically licensed for such actions, such as a multi-domain or other express written license permitting such actions, the user displaying the Fonts must purchase a license. Depending upon the scope of the intended use, a license upgrade and/or the purchase of a special license may be required.
3. The Licensed Software is licensed on a per Domain basis. For the purposes of clarity, this license covers use of the Licensed Software in connection with only one Domain (e.g. one website accessible from one root domain name). Use of the Licensed Software on more than one Domain requires the purchase of an upgraded License, which can be obtained by contacting House Industries at the address provided above. Irrespective of the license(s) purchased, the Licensed Software must, at all times during the licensing term, remain in your exclusive and actual control during the use, serving, display and transmission of the Licensed Software.
4. The Licensed Software may not be copied or duplicated in any form except for storage or caching as may temporarily occur during licensed use of the Licensed Software, and, optionally, a single copy solely for backup purposes. The Licensed Software and its related documentation may not be resold, rented, leased, sublicensed or lent to another person or entity.
5. The Licensed Software may not be returned or exchanged unless defective. Defective software shall be replaced by the same software if accompanied with purchase receipt and seller is notified within one week of purchase.
6. Except as may be otherwise expressly permitted herein or in a separate written agreement, Licensee agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, re-serve or otherwise copy the Licensed Software or the Fonts embodied therein or glyphs generated thereby in a manner not authorized by this License. Licensee further agrees that the creation of any derivative works or typeface font software is expressly prohibited under this License. Any derivative work which uses incorporates or is otherwise based upon the Licensed Software, Fonts embodied therein, or glyphs generated thereby, including, but not limited to: software, EPS files, artwork designs or other electronic works, are considered derivative works and shall be the exclusive property of House Industries. House Industries shall not be responsible or liable for unauthorized, modified and/or regenerated software or derivative works.
7. Licensed use of the Licensed Software and Fonts and glyphs generated thereby in accordance with this agreement is web font (CSS @fontface) embedding for displaying formatted text in web browsers.
8. The following uses of the Licensed Software and Fonts and glyphs generated thereby are expressly NOT PERMITTED under this agreement:
a. Commercial applications beyond displaying formatted text in web browsers.
b. With or in electronic books or games, goods for sale, retail packaging, signage or alphabet products such as scrapbook products or software, adhesive or rub on lettering, game playing or gaming devices irrespective of whether the Font Software or bitmaps or other renderings of the Fonts are embodied in the foregoing uses;
c. Embedding, other than as expressly permitted herein, including but not limited to eBook or ePublication embedding, embedding in documents for any purpose, embedding in other software or in electronic devices, mobile application embedding (a separate license for mobile application embedding is available from the House Industries web site), embedding in proprietary hardware such as for kiosks, scoreboards, menu boards, digital billboards or other public display systems, and dynamic embedding of any kind, including but not limited to dynamic game embedding;
d. Print-on-Demand or Design-on-Demand applications (For example: web- or kiosk-based systems where a user can use the font data to customize products such as clothing or specialty items);
e. Online game, mobile device (except for display by a mobile web browser), or sub-web (e.g. Facebook) applications;
f. Distribution of the font data to any third party, including transmission, serving or otherwise delivering or re-serving the Licensed Software digitally or physically, either for the benefit of Licensee, or for the benefit of a third party, except as expressly licensed herein;
g. Use in entertainment services, such as but not limited to cinema, motion pictures, on television or on cable television, or in animations, irrespective of the method of trans- mission or viewing; and
h. Use in conventional office correspondence, conventional printed communications or marketing collateral.
Licenses for use of House Industries fonts for certain applications excluded herein, such as those covered by a desktop license and/or for mobile or game applications may be purchased from House Industries based upon usage. See www.houseind.com for standard licenses. Contact House Industries at https://houseind.com/contact/ to find out whether a special license is available to use House Font Software in connection with any of the foregoing expressly excluded uses not covered by other standard licenses.
9. Licensee agrees that House Industries is the exclusive owner of any and all intellectual property rights in and relating to the Fonts, including copyrights for the Licensed Software, trademarks for the names of the Fonts, and protection for the glyphs generated by the Licensed Software under patent, copyright, or trade dress law, if applicable, to the fullest extent of the law in the jurisdiction where the Licensed Software is downloaded or used. Unless otherwise permitted by law, Licensee shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, House IndustriesÕ exclusive right and title to the Software Product or the validity thereof.
10. Licensee agrees to treat the Licensed Software as confidential information and exercise reasonable care to avoid unauthorized distribution of the Licensed Software.
11. Any breach of the terms of this License shall be cause for immediate termination without the obligation of notice or opportunity to cure. House Industries shall be entitled to seek any and all remedies under law or equity, including, without limitation, injunctive relief without the obligation of posting security or bond. In the event of termination, and without limiting any remedies, Licensee agrees to immediately return the Licensed Software to House Industries and certify that no copies remain in its possession or control. This License is provided in exchange for payment of a one-time license fee; failure to pay shall result in immediate termination of this License.
12. As a condition of the this License, you must reasonably restrict access to the Licensed Software to prevent unauthorized access by complying with the following requirements:
a. Web Sites must block requests if the referring domain is not part of the allowed domains list;
b. Web Sites may honor the request and serve the Licensed Software if the domain is part of an allowed domains list;
c. Web Sites may serve the Licensed Software if the request lacks a referrer header,
d. Web Sites may use ÔAccess- Control-Allow- Origin: *Õ in the HTTP response header to enable the Licensed Software to be served to End-Users, and
e. Web Sites must display the following comment text in their CSS above or below a link to the Licensed Software:
Ò/*This CSS resource incorporates links to web font and font software which is the valuable copyrighted property of House Industries and/or its suppliers. You expressly agree to not copy, install, redistribute, convert, modify, or reverse engineer this font software or the fonts rendered thereby. Please contact House Industries with any questions regarding Web Fonts: http://www.houseind.com*/.Ó
13. The Licensed Software is provide Òas is,Ó with all faults and without warranty of any kind. House Industries makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, quality, accuracy, quiet enjoyment, non-infringement of third-party rights or otherwise. Without limiting the aforementioned, House Industries shall in no event be liable to Licensee or to any other person or entity for any general, special, direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use or inability to use the product. Some states do not permit the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. To the greatest extent permitted by law, any implied warranties or exclusions not effectively excluded by this License are limited to ninety (90) days, and House IndustriesÕ entire liability under any provision of this License shall be limited to the amount actually paid by you for the licensed software. House Industries reserves the right to decline to license House Industries Font Software to any prospective licensee at House IndustriesÕ sole discretion. At the sole discretion of House Industries, the Licensed Software may be discontinued or be replaced with an alternative at any time without prior notice, and any rights granted to use Licensed Software maybe revoked, in which case Licensee hereby agree not to use the Licensed Software after such revocation.
14. Licensee is permitted to transfer this License contingent upon providing notification to House Industries of the transfer and of the new domain/website address upon which the Licensed Software will be used. House Industries shall have no responsibility for errors associated with incorrect information related to the transfer of the license or issues experienced by the party accepting the transferred License.
15. All rights not expressly identified and granted as a part of this License are expressly reserved by House Industries.
If LicenseeÕs configuration exceeds any limitations specified in this agreement, the Licensee must contact House Industries at https://houseind.com/contact/ to expand the scope of the license to accommodate an increase in monthly unique visitors or number of domains. If you do not agree to the terms of this software license or do not have the authority to bind the beneficiary of this License, please permanently delete any and all downloaded copies and send confirmation of such deletion to:
HOUSE INDUSTRIES
1145 YORKLYN ROAD
P.O. BOX 166
YORKLYN, DELAWARE 19736-0166
302-234-2356
https://houseind.com/contact/ |