Web Font Software End User License Agreement

This Agreement establishes a legal contract between you and FAC3Type concerning your use of the Web Font Software licensed from a FAC3Type-affiliated website. By clicking “ACCEPT LICENSE AGREEMENT” or similar language, or by accepting the Agreement in any other manner (including via a purchase order or confirmation email), you are entering into a binding agreement with FAC3Type. If you do not wish to be bound by this Agreement, do not access, use, or download the Web Font Software. Please read this entire Agreement carefully before proceeding. Defined terms can be found in Section 11.

  1. BINDING AGREEMENT: You agree that by accepting this Agreement, you are bound by its terms for all uses of the Web Font Software provided by FAC3Type.

  2. LICENSE GRANTS: Subject to the terms and conditions outlined herein, you are granted a worldwide, non-exclusive, non-transferable license to: Install the Web Font Software on a Server for generating content on your Website, up to the maximum number of Page Views specified in your Account or transaction documentation; Enable users of your Website to input text using the Font Software in transactional or marketing contexts (e.g., form fields, customer feedback); Create and maintain backup copies of the Web Font Software for internal use, ensuring that such copies retain all proprietary notices from the original.

  3. USE BY THIRD PARTIES: You may provide the Web Font Software embedded in your Website to third parties for web-based services; however, these third parties must have their own licenses for the Font Software.

  4. TRADEMARKS: While the use of FAC3Type’s trademarks is not mandatory, if you choose to utilize them, you may do so in promotional materials related to the Web Font Software, provided you comply with FAC3Type’s trademark guidelines. All rights in these trademarks are owned by FAC3Type.

  5. LICENSE LIMITATIONS and REPORTING: If your Website exceeds the number of Page Views licensed, you must either cease using the Font Software or acquire an extended license from FAC3Type; This license does not permit embedding the Font Software in a Web-Based Customer Product or using it for authoring purposes; Agencies or organizations responsible for multiple Websites must secure separate licenses for each.

  6. RESTRICTIONS ON USE: You may not: Transfer your license rights to another party unless explicitly allowed, which requires that the transferee accepts all terms of this Agreement and that you destroy all copies of the Font Software; Rent, lease, sublicense, or distribute the Font Software without explicit permission; Modify the Font Software or create Derivative Works from it; Embed the Font Software in open-source software that may lead to public availability; Utilize the Font Software for any racist, homophobic, transphobic, sexist, or misogynistic rhetoric. Any violation of this clause will result in immediate license revocation without refund.

  7. INTELLECTUAL PROPERTY RIGHTS: You acknowledge that the Web Font Software is protected by Australian and international intellectual property laws. FAC3Type retains all rights to the Font Software and any unauthorized use is considered an infringement.

  8. LIMITED WARRANTY & LIABILITY: FAC3Type warrants that the Web Font Software will reproduce the typeface design to industry standards. To make a warranty claim, you must notify FAC3Type in writing within the Warranty Period. The liability of FAC3Type is limited to re-delivering the Web Font Software. There are no additional warranties regarding performance or outcomes, and FAC3Type is not liable for indirect or consequential damages.

  9. TERMINATION: Failure to comply with this Agreement may result in termination by FAC3Type. Upon termination, you must destroy all copies of the Web Font Software. This Agreement can only be modified in writing, signed by an authorized representative of FAC3Type.

  10. ADDITIONAL TERMS: You also agree to FAC3Type's standard Terms and Conditions, which address governing law, jurisdiction, and export restrictions. In the event of a conflict between these Terms and the Agreement, the Agreement shall prevail.

  11. DEFINITIONS: Account: Your account at a FAC3Type-affiliated website through which you purchased the Web Font Software; Page View: A single request to load a webpage of your Website; Server: Any server under your control or operated by a third party on your behalf, for which you have a written agreement regarding the use and protection of the Font Software; Web-Based Customer Product: Any product offered to the public in exchange for compensation, which is created using the Font Software, excluding web pages of your Website; Web Font Software: The software that generates typeface designs and is used on your Website, including all related files and updates.

By accepting this Agreement, you confirm your compliance with all terms and conditions outlined herein.