EULAWebsite License
End User License Agreement
This End User License Agreement (hereinafter the “Agreement”) is a legal agreement entered into between the licensee or its representative (hereinafter the “Licensee”) and Eldes de Paula Oliveira LTDA (hereinafter the “Licensor”), and applies to the software specified above (hereinafter the “Web-font”) that accompanies this Agreement or that has been commissioned by the Licensee.
By downloading the Web-font files or by extracting and/or opening the package, the Licensee agrees to be bound by the terms of this Agreement. If the Licensee does not agree to the terms of this Agreement, the Licensee must not download, extract, open, install, or use the Web-font. If the Licensee has purchased a license to use the Web-font in sealed packaging and does not agree to the terms of this Agreement, the Licensee must return it to the place of purchase.
1. Definitions
“Font” means software used to generate typographic characters when used on appropriate hardware and software.
“Web-font” is a version of the Font, commonly in WOFF format.
“Domain” is the name of a web address and may encompass sub-domains, such as “blog.mysite.com”. The Licensee must own the Website to which this license refers, and/or control its content.
“Website” means a collection of web pages located under a given domain. The website may be viewed through a browser or through a web-view-based application.
“Licensed Unit” means the number of Websites in which the Web-font may be embedded simultaneously.
2. Grant of License
2.1 Grant
The Licensor grants the Licensee a non-exclusive license to use the Web-font on a single Licensed Unit of the referenced Website for the Licensee’s own personal or commercial purposes in accordance with the terms of this Agreement. The Licensed Unit is specified in this Agreement and in the invoice, receipt, or license extension.
2.2 Embedding
The Web-font must be embedded in the Website using the CSS @font-face technique and must be stored on the same hosting space, owned or contracted by the Licensee, and on the same Domain as the Website’s other files.
The Licensee may also use website-building and hosting platforms (for example, Canva, Wix, or Squarespace), provided that the Website is the referenced Website, the Web-font is used only on it, and the platform does not make it available for download or for use by third parties.
If the Website generates documents using the Web-font (for example, EPS, ePUB, JPEG, PNG, GIF, SVG, or PDF) without functioning as a graphic application, a Desktop License must be acquired.
If the Website functions analogously to a graphic application, allowing end users to create, edit, or dynamically generate typographic documents, an App License must be acquired.
The Web-font may not be installed on the operating system on which the Website is being developed. A Desktop License must be acquired for that use.
This Agreement does not permit the Licensee to embed the Web-font:
- On a font-distribution website;
- In a server-based application used by remote users;
- In iOS, Android, or Windows RT applications.
For such uses, the Licensee must obtain an appropriate license from the Licensor or its authorized distributors. An additional fee may be charged for such license extension.
2.3 Backup copies
The Licensee may make backup copies of the Web-font solely for archival purposes, provided that the Licensee retains exclusive custody and control over such copies.
2.4 Making available to third parties
The Licensee may provide the Web-font to a graphic designer, studio, or publisher working on the Licensee’s behalf only if they agree to use the Web-font exclusively for the Licensee’s work, agree to the terms of this license, and do not retain copies of the Web-font after completion of the work.
If the Web-font is used for any other purpose, the graphic designer must acquire their own license to use the Web-font.
2.5 Copies
The Licensee may not copy the Web-font or authorize third parties to copy the Web-font, except as expressly permitted in this Agreement. Any copy of the Web-font must contain the same usage rights, trademark notices, and proprietary information as the original.
2.6 Modifications
Except as granted in 2.2, the Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Web-font. If the Licensee wishes to make modifications to the Web-font, prior written consent from the Licensor is required.
3. Ownership
The Web-font and all copies thereof are protected by applicable Brazilian law, including Law No. 9.610/98 (Copyright Law) and Law No. 9.609/98 (Software Law), as well as by the copyright and design laws of other countries and by international treaties. The Web-font is licensed, not sold. All copyrights, trademarks, and other rights belong exclusively to the Licensor, except as expressly provided in this Agreement. The Licensee does not acquire ownership of the Web-font. The structure, organization, and code of the Web-font constitute trade secrets of the Licensor, and the Licensee agrees to treat them as such.
4. Transfer of License
Except as expressly provided herein, the Licensee may not give, rent, or lease the Web-font or any part thereof to third parties. The Licensee may transfer all rights to use the Web-font and documentation to another person or legal entity, provided that the transferee agrees in writing (with a copy to the Licensor) to be bound by all terms and conditions of this Agreement and destroys all copies of the Web-font and documentation, including those stored in the memory of any Devices. Without limiting the generality of the foregoing, the Licensee agrees not to distribute or disclose any part of the Web-font through any online service.
5. Warranties
The Licensor warrants that the Web-font will perform substantially in accordance with its documentation for a period of ninety (90) days from the date the Licensee receives the Web-font. To make a warranty claim, the Licensee must return the Web-font to the place from which it was acquired, together with a copy of the receipt or proof of payment, within such ninety (90)-day period. If the Web-font does not substantially conform to the documentation, the Licensor’s sole and exclusive responsibility shall be to replace the Web-font or refund the license fee paid by the Licensee. The Licensor and its authorized distributors do not warrant the performance or results the Licensee may obtain by using the Web-font or documentation. Except for the limited warranty set forth herein, the Licensor and its authorized distributors disclaim all other warranties, express or implied, including warranties of non-infringement, merchantability, or fitness for a particular purpose. In no event shall the Licensor or its authorized distributors be liable for any consequential, incidental, or special damages, including loss of profits or lost investments, even if advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims the Licensee may have against the reseller.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, in particular Law No. 9.609/98 and Law No. 9.610/98, without regard to conflict of law principles. The Licensee agrees that the Web-font will not be shipped, transferred, or exported into any country or used in any manner prohibited by the applicable export laws, restrictions, or regulations of Brazil. This Agreement may only be modified in writing, signed by the Licensor.
7. Termination
The Licensor may terminate this license immediately if the Licensee fails to comply with any term of this Agreement. Upon termination, the Licensee must destroy the original and all copies of the Web-font.
8. General provisions
The Licensee agrees to inform all users who have access to the Web-font of the contents of this Agreement and to ensure that they comply with its terms.
Agreement version 1.0.0