Mostardesign Type Foundry Webfont End User License Agreement
By downloading and/or installing and/or embedding the licensed font software from Mostardesign Type Foundry (“Webfont”) in any HTML websites or webpages (“Websites”), the purchaser or designated licensee (“Licensee”) agrees to be bound by the terms and conditions of this end user license agreement (“EULA”). This EULA, in conjunction with the receipt (Receipt) that accompanies each purchase from Mostardesign Type Foundry or its distributors, constitutes the complete agreement (Agreement) between the Licensee and Mostardesign Type Foundry.
This Agreement allows for using the Webfont within Websites with the following rights, requirements and restrictions:
Licensee may link the Webfont to Websites using the @font-face selector in CSS files.
a. Licensee must use the provided Webfont from Mostardesign Type Foundry. Linking to the full, CFF OpenType or TrueType font designed for desktop installation is prohibited.
b. Webfont may be simultaneously installed on no more than the number of website domains specified in the Receipt.
c. Webfont may only be installed on Websites owned or controlled by the Licensee.
3. Third parties and Transferability
Licensee may temporarily provide the Webfont to a website developer or other agent who is working on behalf of the Licensee, only if they agree to use the Font exclusively for Licensee’s work, agree to the terms of this Agreement, and retain 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 except by embedding or linking in accordance with this EULA.
Rights granted by this Agreement are perpetual. Mostardesign Type Foundry 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 Agreement may be available for an additional fee. Contact Mostardesign Type Foundry at studio(at)mostardesign(dot)com for more information.
Licensee may not modify the Webfont or create derivative works based on the Webfont without prior written consent from Mostardesign Type Foundry except to generate files necessary for embedding or linking in accordance with this EULA.
Licensee agrees that the Font is the exclusive property of the owning foundry and is protected by copyright and intellectual property laws. Licensee may be held legally responsible for any infringements on the foundry’s rights caused by failure to abide by the terms of this Agreement.
Licensee agrees that the Agreement shall automatically terminate, without notice from Mostardesign Type Foundry, if Licensee fails to comply with any provision contained herein.
9. Disclaimer and Limited Warranty
Mostardesign Type Foundry 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. Mostardesign Type Foundry’s entire liability and Licensee’s exclusive remedy as to a defective product shall be, at Mostardesign Type Foundry’s option, either return of purchase price or replacement of any such product that is returned to Mostardesign Type Foundry with a copy of the invoice. Mostardesign Type Foundry 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”. Mostardesign Type Foundry 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. Neither Mostardesign Type Foundry nor the Foundry warrants 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.
Mostardesign Type Foundry 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 Mostardesign Type Foundry 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. Governing Law
This Agreement is governed by the laws of France and the State of Aquitaine.