Weathersbee Type Web Font End User License Agreement Version 1.0 - July 11, 2014 — This font, if acquired freely through any means, is restricted in every way that a paid Weathersbee Type font is, and subject to the standard Web Font EULA and the standard Desktop EULA. Any restrictions in either license still apply. The exception is that if the font is released for free in web font format, you are permitted to use the font as a web font through @font-face linking, so long as your monthly page view count does not exceed 250,000. Any web fonts provided with a purchase can only be used if paid for (assuming the web font is not also free to use.) — This End User License Agreement ("Agreement," "EULA," or "License") is a legal agreement between you and Derek Weathersbee ("Weathersbee Type" or "Derek Weathersbee") and becomes a binding contract between you and Derek Weathersbee. This Agreement governs the terms of use of the Fonts and the design and likeness of the Fonts. This Agreement becomes effective when you click Agree to the License, purchase, access, use or otherwise download or install the Font. For the purposes of this License, "Font" is defined as the design of the Fonts together with the Software which, when used, generates typeface and typographic designs and imagery. "Web Font" is defined as the software which generates typographic imagery and designs for the purpose of styling website content (and which is not allowed to be used for Desktop Usage, defined in the Desktop Font EULA), and the design of the "Font" upon which it is based. For the purposes of this license, "Weathersbee Type" and "Derek Weathersbee" may be used interchangably: both refer to Derek Weathersbee as a licensor of Font software. By downloading and/or installing font software ("Font" or "Web Font") offered by Derek Weathersbee ("Licensor") or its distributors, you ("Licensee") agree to be bound by the following terms and conditions of this End User Licensing Agreement ("EULA"): 1. Rights Granted The entire agreement detailed herein assumes a maximum pageview/month count of 250,000. To cover more pageviews, contact me for a custom license. Derek Weathersbee grants Licensee a perpetual, worldwide, non-exclusive, terminable and non-transferrable license to: a. Use the Web Font on Websites using the @font-face selector in CSS files for the purpose of styling text on the site and on materials (not products) derived from the site, such as receipts or print-outs, via CSS print styles. This license allows for the usage of the Web Font on one domain, and variations of that domain, detailed below under Users. Usage of the following types are NOT permitted by this license, but may be allowed through alternate or additional licensing: Desktop Usage (which usage is defined in the Desktop Font EULA), Usage of the font to create graphics or text in a design program or word processor, Computer applications and games, installable interactive books, software, mobile applications and games, e-books and e-publications, product creation websites, website templates (whose use will violate the 1-owner allowance of this license). b. Licensee may embed or link the Web Font only in accordance with the rules described in Section 4 "Embedding and Linking" of this EULA. 2. Requirements and Restrictions a. Products Licensee may not use the Web Font to create alphabet or letterform products for resale where the product consists of individual letterforms, including rubber stamps, die-cut products, stencil products, or adhesive sticker alphabet products where the likeness of the Font can be reproduced and the end-user of said products can create their own typesetting. An extended license may be available for an additional fee. Licensee may not create typographic products using the Web Font in which a composition derived from the Font or its likeness is the primary feature of the product. b. Editable Type Licensee may not use the Web Font in a manner which allows an unauthorized party to manipulate the Font or Web Font under this agreement. An example of this type of unauthorized use includes, but is not limited to: a website or application which allows customers to create custom products by adding characters of the Font to a product. An extended license may be available for an additional fee. c. Dingbats and Illustrations Licensee may NOT use illustrations or images in the Web Font OTHER THAN letterforms, numbers, punctuation marks, diacritics, etc., in a manner where the illustration or image becomes the primary aspect of a product for resale or free distribution. For example, a dingbat image in the font can not be the sole design element on a coffee cup, t-shirt, greeting card, etc., intended for resale. An extended license may be available for an additional fee. d. Users The Web Font may be simultaneously used by no more than the number of domains specified in the Receipt. A "domain" as defined by this license may include multiple top-level domains or sub-domains, so long as the extra domains are variations of the domain for which the license is purchased and the domains are used and maintained by and for one entity. As an example, permissible domains when the domain on the receipt is "example.com" might include: • example.org (or other extensions) • blog.example.com (or other subdomains) Domains not permissible when the license is for "example.com" include: • examplesite.com • examples.com As the license is meant to cover the usage of the Web Font for one entity, implementing of the Web Font for multiple sub-domains whose users are different is not permissible. As an example, a site (builder.com) which allows users to create their own sites at site1.builder.com and site2.builder.com may not allow usage of the Web Font for those subd-domains. The individual user of those sub-domains require their own licenses. If you are a design agency or other organization with clients, your license does not provide for the usage of the Web Font or derivative materials by clients or in clients' materials. You may, under your license, temporarily show sample usage of the Web Font to clients for the purpose of previewing materials, as long as the Web Font is kept under the custody of the Licensee. For a client or other third party to use the font on their website, they must purchase their own license. e. Extra Copy You may make one (1) back-up copy of the Web Font for archival purposes only, regardless of the number of Users permitted by your license, and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and all copies of the Web Font. f. Security Measures To use the Web Font according to this License, Licensee must take the folllowing actions to secure the Web Font in implementation on the web: • Disable directory listing for the directory in which the Web Fonts files are stored • Disable hot-linking (linking from other domains) to the Web Fonts • Disable direct linking to the Web Fonts This may be achieved via .htaccess files or other methods. Implementation of the secure storage of Web Fonts online is the responsibility of the Licensee. Derek Weathersbee does not offer assistance in the implementation of these measures under the terms of this License, but reserves the right to terminate License if the Licensee fails to comply with these requirements. 3. Provision to Third Parties Licensee may temporarily provide the Web Font to a graphic designer or independent contractor who is working on behalf of the Licensee, ONLY IF (1) the designer or independent contractor agrees in writing to use the Web Font exclusively for Licensee’s work, according to the terms of this EULA, and to retain no copies of the Web Font upon completion of the work, and (2) Licensee does not exceed the User allowance specified by purchased license in providing the Web Font to said party. Licensee may not otherwise distribute the Web Font to third parties or make the Web Font publicly accessible except by embedding or linking in accordance with this EULA. 4. Embedding and Linking User may link to the Web Font (only the web fonts provided, not any separate Desktop version) via the @font-face rule. Likeness of the Font may be included in documents exported from a website, so long as the document is not a product, whether it is for sale or free. An example of permissable use is allowing the exported version of a receipt generated online to contain the likeness of the font via CSS print styles. An example of unauthorized use is to use the Web Font to create letters on a greeting card, t-shirt, or other items not directly associated with styling the website. The Web Font allows for styling elements on the website, and specific derivatives works, described above, not to create items or products. The Web Font may not be used to create or distribute any electronic document in which the Web Font, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. 5. Term This EULA grants a perpetual license for the rights set forth in this agreement unless and until the EULA terminates. Derek Weathersbee will not charge additional fees post purchase, annually or otherwise. 6. Other Usage Licenses for computer applications and games, installable interactive books, software, mobile applications and games, e-books and e-publications, product creation websites, and other uses not allowed by this EULA may be available for an additional fee. Contact Derek Weathersbee for more information. 7. Modifications of Web Font Licensee may not modify the Web Font or create derivative works based on the Web Font without prior written consent from Derek Weathersbee. Reformatting the Web Font software into other formats or for use in other operating systems is expressly prohibited. 8. Copyright The Web Font is protected by copyright law. Derek Weathersbee is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Font in any manner that infringes on the intellectual property rights of Derek Weathersbee or violates the terms of this EULA. 9. Termination This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Derek Weathersbee may terminate the EULA immediately, without refund of payment. This EULA will terminate automatically upon issuance of such notice. 10. Disclaimer and Limited Warranty Web Font software may be returned or exchanged only if defective or corrupt. Derek Weathersbee warrants that the Web Font Software will perform in accordance with any accompanying or corresponding documentation from Derek Weathersbee, and that the provided files are not corrupt upon delivery from Derek Weathersbee for seven (7) days following delivery of the Web Font. To make a warranty claim, Licensee must provide documentation confirming the purchase date of the Web Font. In the case of a warrany claim, Derek Weathersbee's entire liability, and Licensee’s exclusive remedy, shall be, at Derek Weathersbee's discretion, either (1) return of purchase price or (2) replacement of any such product that is returned to Derek Weathersbee with a copy of the Receipt. Derek Weathersbee 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 seven (7) 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". Derek Weathersbee 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. Derek Weathersbee does not warrant 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. Derek Weathersbee does not warrant that the Web Font is compatible with the software or usage requirements of the Licensee. It is the responsibility of Licensee to confirm the fitness of the products to be delivered (including ensuring that the file types to be provided will meet your own requirements) prior to purchase of the Web Font. Derek Weathersbee 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 Derek Weathersbee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. Governing Law This EULA is governed by the laws of the United States of America and the State of Texas. If any term, portion or provision of this Agreement is deemed by a court to be invalid or unenforcable, this shall have no effect on any other term, portion or provision of this Agreement, and all other terms and provisions of the Agreement will remain in effect. 12. Entire Agreement This EULA, in conjunction with the receipt that accompanies each Web Font licensed from Derek Weathersbee or its distributors, constitutes the entire agreement between Derek Weathersbee and Licensee. 13. Modification of License Derek Weathersbee reserves the right to amend or modify this License at any time without obligation of prior notification. If technologies are developed that allow for a more secure or efficient usage of Web Fonts, Derek Weathersbee reserves the right to require alteration in the implementation of the Web Font by Licensees of the Web Font. In such cases, users will be granted 45 days from the date of notice by Derek Weathersbee to implement such changes. After 45 days, License may be terminated by Derek Weathersbee with no further notice and without refund.