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This is the Commercial type Font Software end user License agreement. Please read this document carefully and we recommend that you keep a copy for further reference.

1.

THIS IS A LEGAL AGREEMENT, by accessing, downloading, using or installing the Commercial Type Font Software (“COMMERCIAL”) you expressly agree to the following terms: 

What this paragraph means

Please read this document carefully, because you agree to its terms by installing the font software.

2.

This License is directed to use of the Commercial Type Font Software as webfonts (“Software” or “Webfonts”). Downloading the Commercial Type Software for use on a desktop, laptop or workstation is controlled and only permitted under a different license which must be purchased separately. If you wish to use and/or install the Commercial Font Software on your desktop or personal computer or on a server for use and access by a desktop or personal computing device, you must purchase the separate license. You further agree to exercise reasonable care to avoid unauthorized distribution of the Software. If you cannot or do not agree to the terms of this license, do not access or use and, if appropriate, provide proof of destruction to Commercial. 

What this paragraph means

This license only applies to using fonts on the web via the @font-face CSS tag. You can't use these fonts on your desktop computer or embedded in apps for mobile operating systems. If you want to do these things, you need to purchase a different license.

3.

The Font Software will be transmitted for your use in the EOT and WOFF formats. Commercial reserves the right to include or omit additional formats at its discretion in the future. 

What this paragraph means

We will provide the fonts in the most appropriate format for use in all common browsers. The supplied format may change as web standards evolve.

4.

This non-exclusive, revocable license grants you limited rights to use the Commercial Font Software to style HTML and SVG documents using the CSS @font-face mechanism. Other embedding or linking uses or techniques, such as PDF, EPUB, iOS and/or Android native applications and/or in Cufón or sIFR, are not permitted. 

What this paragraph means

This is just a webfont license. You can't use the fonts in other ways.

5.

The Font Software is licensed for a maximum number of domains, and a defined number of unique monthly visitors in total. If the maximum number of allowed unique visitors is exceeded for three (3) consecutive months, the purchase of an additional license is required. Commercial reserves the right to inspect or monitor your usage. 

What this paragraph means

You are licensed for an aggregated total number of visitors across your total number of domains. You have a 3 month grace period to see if any increase in unique visitors per month is temporary or permanent.

6.

The terms and price associated with this License are based upon the domain names and maximum unique visitors. If you anticipate an increase in unique visitors, increase in the number of domains or an election to not renew this License you should notify Commercial as early as possible. You are not entitled to a refund, offset or other adjustment in the event of a reduction in the number of domains or reduction of the number of unique viewers, irrespective of the reasons. 

What this paragraph means

You can upgrade your license to cover additional domains and unique visitors per month at any time, but you can't downgrade and get a refund if you have bought a bigger license than you need.

7.

You shall make a reasonable attempt to prevent the use of any process that allows hot-linking, re-serving or re-directing access to and/or use of the Font Software by unlicensed parties. You agree to exercise commercially reasonable efforts to ensure that the Font Software is retained with the other assets associated with the licensed domains. For the purposes of clarity, the use of third party font hosting services is strictly prohibited and the Font Software should be stored and served from the same devices and location as the other software and assets associated with the licensed domains. 

What this paragraph means

We ask that you take reasonable steps to prevent hot-linking or re-serving of the fonts, but we understand that there is no such thing as perfect security for the font data. Hosting the fonts on a dedicated webfont-hosting service such as Typekit, Webtype, etc. is strictly prohibited. No exceptions. You may use a CDN if you use one for other site assets.

8.

The use of the Font Software for use in web accessible forms is permitted. However, any other editable use of the Software, such as in templates or for use in the creation of customizable designs or products requires the purchase of a separate license. 

What this paragraph means

If your site is a method for creating customized products, physical or otherwise, you may need to upgrade your license to cover this use. Please contact us at info[at]commercialtype.com for more information.

9.

The Font Software is the exclusive property of Commercial. All right, title and interest in and to the Font Software, the design of the Fonts embodied therein, all copyrights and trademarks, trade names and service marks associated therewith are the exclusive property of Commercial. 

What this paragraph means

This license grants you the right to use our fonts and to make a copy of the files for backup purposes, but the fonts (both the software describing the design and the design itself) belong to us.

10.

You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or alter, the Webfonts, the Font Software or the designs embodied therein. The Commercial Font Software, the Webfonts and/or documentation may not be sublicensed, sold, leased, rented, lent, re-served or given away. 

What this paragraph means

You are not allowed to give copies to your friends, family or clients, and you may not modify the fonts without written permission from us.

11.

You are not permitted to redirect or otherwise use the Software for the benefit of unlicensed third parties. If you anticipate using the Font Software for the creation of a third party website you or the third party must purchase appropriate licenses and ensure that your client or end user is properly licensed for use of the Font Software. 

What this paragraph means

These fonts are licensed for your use. You may not share the usage with others. Specifically, you are not allowed to use these fonts on your server as a defacto webfont hosting service for others.

12.

The creation of any derivative designs based upon or of the font software itself is expressly prohibited. Any derivative work created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Software, including, but not limited to, other software, EPS files, Apps or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Commercial and shall be subject to the terms and conditions of this License. Derivative works, if any and whether permitted or not, may not be sublicensed, sold, leased, rented, lent, or given away without the express written permission of Commercial. Commercial shall not be responsible or liable for the suitability for use or accuracy of any derivative works not created and/or supplied by Commercial. 

What this paragraph means

You may not modify the fonts without written permission from us. If we do give you permission to modify the fonts, we cannot give technical support for the modified files.

13.

The License granted herein is specific to you and may not, absent the express written permission of Commercial, be transferred, loaned, sold or assigned. All rights not expressly identified and granted herein are expressly reserved to Commercial. 

What this paragraph means

You may not transfer the license to another party without written permission.

14.

The Commercial Software is protected under domestic and international trademark, copyright law. You may, but are not required, to identify Commercial Type as the owner in any design or production credits. 

What this paragraph means

You don't have to give us credit on your site, but it would be nice.

15.

Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Commercial shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other limitations. You agree to immediately discontinue using and certify that no copies remain in your possession or control. 

What this paragraph means

If your license is terminated, you must immediately remove the fonts from your server and cease all use of them. 

16.

COMMERCIAL TYPE 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 OR DEATH. COMMERCIAL TYPE DOES NOT REPRESENT OR WARRANT THAT THE FONT SOFTWARE OR WEB FONTS WILL BE OPERABLE IF CURRENT TRANSMISSION, OPERATING SYSTEMS AND INTEROPERABILITY STANDARDS CHANGE. WITHOUT LIMITING THE FOREGOING, COMMERCIAL TYPE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER, ITS INTERNET WEBSITE VISITORS 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, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE. UNDER NO CIRCUMSTANCES SHALL COMMERCIAL TYPE’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE OR THE COMMERCIAL TYPE WEBFONT SOFTWARE LICENSE FEE FOR THE TERM THEN IN EFFECT. The terms of this Agreement are contractual in nature. 

What this paragraph means

We warrant that the fonts will perform as promised in the documentation, and will provide technical support within a reasonable timeframe, to the best of our ability. In the event of a refund, we cannot refund more than the purchase price for the license, and all copies of the fonts in your possession must be destroyed.

17.

The Commercial Type Webfont Software End User License Agreement is subject to the law of the State of New York as they relate to contracts entered into and wholly performed therein and without regard to its conflict of laws principles or the conflict of laws principles of any other jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts of New York for the resolution of any disputes arising out of or related to this Agreement and you consent and agree to service of process by Certified Mail, return receipt requested and expressly agree to waive any defenses or objections arising by reason of the jurisdiction and forum selected by Commercial type for the resolution of any dispute. By downloading, accessing and or installing the Font Software, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.

What this paragraph means

Again, please read this document carefully, because you agree to its terms by downloading the font software. Our main office is in New York City, so this agreement is governed by the laws of New York State. 

©2016 Schwartzco, Inc. d/b/a Commercial Type. All Rights Reserved.