Digital Ads EULA
DIGITAL ADS END USER LICENSE AGREEMENT
This is a legal agreement between you and Parachute Worldwide (hereinafter “Parachute”). Subject to the terms and conditions hereof and upon payment of the license fee, Parachute grants you a non-exclusive, non-assignable, non-transferable right to use the Parachute font software (“font software”) you ordered online or by other means (purchase order, email, etc). You are bound by this contract when you checkmark ACCEPT END USER LICENSE AGREEMENT during online checkout or when you receive an order you placed by other means. This is not an agreement for sale of the font software or any portion or copy of it.
DEFINITION
The term “webfont” is referred to the font software which has been created, optimized, translated or otherwise modified for styling HTML digital ads and specifically for the viewing of text on a website using the @font-face declaration.
GRANT OF LICENSE
You are granted a non-exclusive license to embed the webfonts into digital ads (e.g. banner ads) built with HTML5 and for a maximum (1) one million ad impressions, unless otherwise stated in your invoice. These webfonts may be installed on your server or an advertising network which is used to publish digital ads. “Impressions” is the number of digital views or engagements of a digital advertisement. In simple terms it is the total number of times your ad has been viewed. If the impressions of your ad exceed the licensed number, you need to acquire a license upgrade at an additional cost. You may not duplicate or copy the font software except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of the font software for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the font software.
DURATION OF LICENSE
You only pay once, unless you need to acquire a license upgrade at an additional cost when you exceed the licensed number of impressions.
RESTRICTION OF USE
The licensed webfont(s) are provided for use via the CSS @font-face technology for digital ads only. Unless you obtain additional licensing, you agree that:
A. you may not use conversion or editing tools on the Licensed Webfont(s).
B. you may not use the webfonts with technologies such as sIFR, Cufón or Typeface.js.
C. you may not use the webfonts as part of interactive web application where users can select any licensed webfont(s) and enter or edit text using the specific webfont(s).
D. you may not link to, nor put online, any version of the font not supplied with the webfont package
E. you may not use the licensed webfont(s) on a desktop or laptop computer with prepress or applications other than as expressly permitted herein.
F. you may not link and/or embed the webfonts to smartphone apps, video games or electronic publications such as eBook, eMagazine, eNewspaper or interactive PDF.
G. you may not use the webfonts self-hosted on a website.
FONT SOFTWARE PROTECTION
You agree to apply reasonable measures to prevent unlicensed third-parties from hotlinking and direct downloading of the webfonts unrelated to the process of styling text for the licensed digital ad.
MODIFICATIONS
You agree that you will not modify, add new functionalities, adapt, translate, reverse engineer, decompile, decrypt, disassemble nor create derivative works of the font software without Parachute’s prior written consent. “Derivative work” is referred to any font software which is derived or based upon the hereto licensed font software binary data (or any portion of it).
EMBEDDING
Embedding of the webfont(s) in any documents, software, applications or devices other than your digital ad, is not permitted.
TRANSFER OF LICENSE
You may not sell, lend, otherwise transfer or sublicense the font software to any third party without Parachute’s prior written consent.
TERMINATION
The license granted hereunder shall automatically terminate, if you fail to comply with the terms and conditions hereof. Upon termination of this font software License Agreement, you agree to either return or to destroy and refrain from using the font software, the media, copies and/or any modified or merged portions thereof.
LIMITED WARRANTY
For a period of 90 days after delivery, Parachute warrants that the font software will perform as outlined in the user documentation in effect at the time of the commencement of this license. Parachute will undertake reasonable commercial efforts to correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice in writing and sufficient detail of such malfunctions to Parachute. PARACHUTE’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE LIMITED TO ERROR CORRECTION OR PRODUCT REPLACEMENT. Such corrections generally will be incorporated into new revisions of the font software, or until the release of such new revisions into temporary versions, at Parachute’s discretion. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, THE FONT SOFTWARE IS HEREUNDER LICENSED “AS IS,” AND PARACHUTE MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE FONT SOFTWARE. PARACHUTE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. The font software is nonreturnable and nonrefundable.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PARACHUTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE FONT SOFTWARE, HOWEVER CAUSED, (WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL PARACHUTE’S LIABILITY EXCEED THE REPLACEMENT COST OF THE FONT SOFTWARE.
THIRD PARTIES
You agree to inform your employees or any other person having access to the font software and copies thereof, of the terms and conditions of this font software License Agreement and to ensure that they shall strictly abide by these terms and conditions.
GENERAL / ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous written and oral agreements between the parties regarding the subject matter of this Agreement. No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a waiver.
SEVERABILITY
If any provision of this Agreement is found to be illegal or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law.
ASSIGNABILITY
Except as otherwise provided in this Agreement, you may not sell, assign or delegate any rights or obligations under this Agreement. Any attempted assignment in violation of this Agreement shall be void and without effect.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Greece. All disputes related to this Agreement shall be heard in the Court of Law of the City of Athens, Greece. Both you and Parachute agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
BREACH OF AGREEMENT
In the event of any breach of this agreement by you, you agree to be responsible for the reasonable legal fees of Parachute and its licensors, in the event that Parachute or its licensors are required to enforce their rights by commencing an action under these provisions.
CHANGES TO THE TERMS OF USE
Parachute reserves the right, at its sole discretion, to change, modify, add or remove portions of the terms of use of this EULA, at any time. It is your responsibility to check the terms of use periodically for changes. Your use of the font software will be subject to the most recent version of these terms of use at the time of such use.
Last updated: July 10, 2021