Exemplar EULA
Web Embedding
THIS ADDENDUM to the numbered end-user license agreement (“EULA”) referenced above (the “License”) is deemed effective as of the date referenced above (the “Addendum Effective Date”), on condition that an authorized representative of the Licensee has completed the online check-out, including clicking agreement to the Addendum terms.
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- The last sentence in section 1(a) of the License is hereby deleted in connection with the uses of the Font Software permitted by this Addendum. This Addendum is effective only for the term of years named above from the Addendum Effective Date. Unless you obtain a new addendum covering a future time period, all use permitted hereunder must be discontinued by the term expiration date, subject to all of the provisions of the EULA.
- Sections 1(b) and 1(c) of the License are hereby modified to additionally permit you to self host embedded webfont versions of the Font Software on Internet domains (including subdomains) that are collectively experienced by the visitor as one “website” (“domain” or “domains”) so that the fonts are viewed in live-text format.
- This license permits embedding in an unlimited number of domains so long as they are substantially dedicated to the licensed brand, and the brand is prominently displayed and identified on the domains (or, if there are multiple brands, they are all owned by you, and the Font Software is used only for the licensed brand).
- Section 1(f) is modified to permit you to subset the Font Software files embedded in the licensed websites, on condition that you retain the Darden Studio name of the Font Software. Darden Studio is not responsible for any display or other technical problems which may occur as a result of your use of third-party software for this permitted modification. You are not permitted to otherwise modify the Font Software without Darden Studio’s express permission. By way of illustration and not limitation, font file name obfuscation and the swapping of default characters are both expressly forbidden.
- The Addendum fee is based upon the average monthly combined traffic (measured over a one-year period) on all websites, up to the maximum stated above, that use the Font Software. For each domain, the traffic count is for all pages, including subdirectories and subdomains, even if they do not contain the Font Software. The price will be based either on Average Monthly Page Views or, if the website is a single or multi-page application, on Average Monthly Unique Visitors. The price stated above represents the prepaid amount. For each year, if actual use exceeds the prepaid amount you will be charged the difference between the prepaid amount and the actual use price based on the tier-based pricing in effect at the time of purchase. (For a multi-year Addendum, you will be asked to report actual use at the close of each year and pay any difference between the prepaid and the actual use price, with no penalty.) The price of a new addendum will be based upon Darden Studio’s pricing tables then in effect.
Frequently Asked Questions
- What does AMPV stand for?
AMPV stands for “Average Monthly Page Views”. We will take the monthly average over a 12 year period for all sub-directories and sub-domains of all websites. Alternately, if your websites use technology that populates content without affecting the page view count (e.g. single or multi-page web-apps), please provide the Average Monthly Unique Visitors – in that case, your price will be determined using the tiers and prices posted for application embedding. If your site is new, we will accept your best guess and reconcile at the end of the year.
- What if my website is a single or multipage app?
In this case, we cannot price according to the Average Monthly Page Views. We instead use the Average Monthly Unique Visitors (AMUV). The pricing table is the same as the one posted for the application addendum. To calculate AMUV you must generate a report for each month separately before totally and dividing it by twelve. Please do not generate a report for the entire year, which will produce an artificially low number which we are unable to use.
- How do I request a web addendum?
If you’re planning on buying a desktop license, you will have the option to request the addenda as part of the process. We will then contact you to arrange the addendum. If you already have a desktop license or don’t need one, then please use our contact form.
- I'm about to request a quote for a self-hosted webfonts, what information do you need?
We determine price from two data points: One, the Number of Styles. Two, the Average Monthly Page Views (AMVP).
- Do you count Roman (upright) and Italic as separate styles?
Yes, they are licensed and priced as separate styles.
- Our "website" is actually made up of a bunch of urls, some of which belong to third party vendors. Will you let me license them? Do I need more than one addendum?
We completely understand. That’s why we license by brand! So long as all domains prominently display the brand and are clearly associated with it, you can use the webfonts on an unlimited number of sites. You can either provide the AMPV as a total or for each site. When we issue the license we will display a total maximum based on the top of your pricing tier (which is based on adding together the AMPV from all your sites).
- If I get an addendum for up to 1 Million AMPV and I have a month that goes up to 3 Million page views will you cut me off?
No. For starters, we know that many of our customers’ websites have seasonal fluctuations – which is why we look at a 12 month average rather than an individual month’s traffic. But also, we trust you. At the end of each 12 month period we will ask you to report past traffic. If actuals exceed the maximum licensed amount we will charge you the difference for the next tier up, with no penalty.
- What if my website(s) are new (or about to change substantially) and I don’t have any stats yet?
We know what it’s like to start a new project and want to support all our start-up customers. In this case, we will trust you to make your best guess at the page views for the upcoming 12 months. We will issue only a one year license (licensees with a history can get longer licenses) and we will work with you at renewal time to agree to a fair price for the previous year if it turns out that your estimate was low.
- I need a Basic License now but don’t plan to start public use on my website for a little while, can I add it later?
Yes. As with all our licenses, you can always add rights, CPUs or whatever, later. When you’re ready you can contact us with your shop order number and tell us what you’d like to add.
- Are you going to make me install software on my site(s) to track the pageviews?
No. We understand that the reason most clients want to self host is because they are concerned about either page load speed or security – both of which are undermined by third party software. We trust you to accurately report your page views to us.
- Can I get a perpetual license?
At this time the maximum number is five years. Licensees whose websites have a history of use can license more than one year at a discount of 5% per additional year up to 20%. For example, if you license three years your entire license (including the first year) will be discounted by 10%.
- My Web Embedding Addendum is about to expire and I've decided not to renew. What steps must I take to cease use?
We’re sad to see you go… In order to comply with the expiration of your addendum, you must remove all references to the licensed font(s) in the website code. To be clear, “commenting out” the references to the font files (that is, not removing them but simply adding an instruction in the code that keeps the fonts from rendering) is not sufficient. As always, you are still permitted to use static image files that make use of the typeface on your website, so long as the images were made on a licensed CPU. If you have any questions please do not hesitate to contact us.
