Web Font Package LicenceThis is a licensing agreement between Formist and you, the Authorised User: ie, the initial purchaser whose name and address details appear on the invoice for the Web Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software.The licence is for using the fonts provided in the Web Font Package for styling text via the CSS @font-face rule on a specified Website, the Domain of which also appears on the invoice. For the licence to be valid (and to remain valid), the Authorised User must also own the Domain and control the content of the licensed Website.DefinitionsThe following definitions apply:I.The Web Font Package includes type face font software that has been created or specially modified for styling or viewing text on an Internet website.II.The Domain is the host name of the home page of the Website. It may be comprised of one unique second-level domain name (for example, as in mysite of http://www.mysite.com), multiple top-level domains (as in .com, .org, .net), and multiple sub-domains (such as blog.mysite.com, shop.mysite.com or info.mysite.com).III.A Website is defined as a collection of related web pages with a single domain. The website may be viewed with a web browser and/or via a web-based mobile app as long as the Web Fonts are not embedded in or otherwise included with the app.Duration and LimitThe duration of the licence is ongoing and grants the Authorised User worldwide usage. It is, however, limited to the specified licensed Website. In addition, the licence is revocable, non-exclusive and non-transferable.Page view limitationsA page view is a request to load any single HTML page of the licensed Website. The average monthly number of page views allowed under the licence, measured over a period of at least three consecutive months, will be shown on your invoice. If the number of page views exceeds that amount, you must contact Formist to purchase a licence upgrade.Authorised FormatsThis licence is only for using the fonts provided in the Web Font Package for styling text via the CSS @font-face rule on the Website specified on your invoice. You must use the WOFF (.woff, .woff2, Web Open Font Format) and EOT (.eot, Embedded OpenType) Web Font files provided by Formist in the Web Font Package. Converting the files to any alternative format is expressly prohibited.The viewing and printing of pages of the Website is allowed. However, using the fonts provided in the Web Font Package to allow remote users or other third parties to edit text to create customised products or new documents (such as personalised greeting cards or resumes) is expressly prohibited.If you would like to use Formist fonts in apps or to create and print documents or static images, separate App Font and Desktop Font licences are available. A Test Font licence is also available.Who can use the Font Package?The Font Package may only be used in the Authorised Formats by you, the Authorised User, on the specified Website. In the event of a Domain change, you may transfer the rights to use the Web Font Package to a different Domain owned by you and the content of which you control. To do so, you must notify Formist (in writing) of the transfer. Further, you must immediately delete the fonts provided from the server on the previously licensed domain. Transferring the rights to a third party is prohibited.Rights and obligationsThe Authorised User may:I.View and interact with the Web Font PackageII.Make one copy of the Web Font Package for backup purposes only; andIII.Use the Web Font Package for styling text using the CSS @font-face rule on the Domain specified on your invoice.The Authorised User must:I.Keep the Web Font Package (including any authorised back-up copy) secure; andII.Take reasonable steps to protect the copyright in the Web Font Package from being infringed by unauthorised third parties. Hotlinking or allowing the direct download of any fonts provided in the Web Font Package is strictly prohibited.What you cant doExcept as provided above, this licence does not authorise the Authorised User or any third party to:I.Modify or alter the Web Font Package in any way; any modifications made will remain the exclusive property of FormistII.Share the Web Font Package with - or make it available to - any third party (including any contractor, freelancer or affiliated company or organisation); for clarity, the hosting or serving of fonts from the Web Font Package by any third-party service, such as TypeKit, is prohibitedIII.On-sell the Web Font Package, or any modified version of the Web Font Package, to third partiesIV.Use the Web Font Package in any format other than the Authorised Format. Using the Web Font Package on a desktop, laptop or workstation computer, or embedding the fonts in software, hardware, digital documents, apps, applications and devices, is expressly prohibited.Further terms and conditionsI.This licence terminates and all rights to use the Web Font Package cease if you breach this licence.II.This licence constitutes the entire terms and conditions relating to the Web Font Package and its use, and supersedes any other agreement, representation or licence.III.Formist may from time to time amend the terms of this licence (the Terms) by providing the Authorised User with a copy of the amended Terms; if Formist notifies the Authorised User of amended Terms, continued use of the Web Font Package signifies the Authorised Users acceptance of the Terms as amended.IV.If any provision of this licence is held to be unenforceable, the rest of this licence will, to the maximum extent permissible, remain in full force and effect.V.The construction, validity and performance of this licence are governed by the laws of New South Wales and the Authorised User unconditionally submits to the jurisdiction of the courts of New South Wales.VI.Except as expressly stated in this licence (and to the maximum extent permitted by law), all implied terms and all conditions, warranties, statements, assurances and representations in relation to the Web Font Package or arising from this licence are expressly excluded.VII.If any of the exclusions or limitations set out in this licence are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this licence, then, to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Web Font Package or the supply of an equivalent Web Font Package.VIII.Formist - including its agents, employees or contractors - will not be liable for any direct or indirect or consequential loss, even if it is aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill and/or business interruption) however caused and on any theory of liability including, without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of Formists performance or non-performance under this licence.IX.To the maximum extent permitted by law, Formists maximum cumulative liability under this licence will not exceed an amount greater than the price paid by the Authorised User for the Web Font Package.Who is Formist?Formist is Mark Gowing Studio Pty Ltd, ABN 93 084 639 583, of 15 Lord St Newtown, New South Wales Australia 2042, trading as Formist.Contact FormistIf you would like to use the Font Package other than as set out in this licence, please contact us at
[email protected]. We are happy to discuss your licensing needs.
