Font Software For Web Content End User License Agreement.

Version 1.1, last updated: October 3, 2025

WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR WEB CONTENT END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.

This Font Software For Web Content End User License Agreement (“Agreement”) is by and between you and The Type Founders, LLC dba Ivy Foundry (“Licensor”) and governs the use of Licensor’s proprietary software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments (including all applications, code, tools, and related documentation) made available to you in connection with this Agreement (the “Software”). You can contact Licensor regarding this agreement at info@ivyfoundry.com.

You” and similar terms refers to both: (a) the individual who is physically or technologically accessing or using the Software, as well as (b) the organization, business, or entity on whose behalf the individual is accessing or using the Software (“Organization”).

By accessing or using the Software, and entering into this Agreement, the individual user represents and warrants that they are authorized to enter into this Agreement on behalf of themselves and such Organization. For the purposes of this Agreement, “use” of the Software occurs when an individual gives commands (whether by keyboard or otherwise) that are followed by the Software, regardless of the location in which the Software resides, or when the Software and related instructions are otherwise executed.

This Agreement will be binding on you upon the earliest of: (i) your execution, submission, or other acceptance of this Agreement, either electronically or in writing (including by clicking, “Accept” or similar when prompted), or (ii) your installation, access, or use of the Software or any related documentation. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.

If you and Licensor are parties to a different agreement related to the Software dated prior to the “Last Updated” date above, you hereby agree that your access and use of the Software after the last version of this Agreement is posted to our website or Software constitutes your acceptance of this Agreement in lieu of and superseding any prior terms and conditions related to your use of the Software.

You understand that we reserve the right to change or amend this Agreement from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to our website or Software.

By accessing or using the Software, you represent and warrant that you are 18 years of age or older and otherwise meet all of the requirements contained herein to enter into this Agreement. Those who choose to access the Software from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.

License Grant

For the purposes of this Agreement, a “Website” is a website domain name (i.e., a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI)) that: (a) is owned by you or under your sole control; (b) uses or accesses the Software in its web pages; (c) does not in any way enable the permanent installation of the Software by any third-party visitors on any printer or display which displays a screen image created by use of or access to the Software; and (d) reasonably restricts access to Software from use or access by web pages or any document not originating from such website domain name.

Licensor hereby grants you, subject to all of the terms and conditions herein and your compliance with all applicable laws, a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable (except as expressly permitted herein) license, solely for your internal business purposes, to:

1. install a copy (or copies, if using in connection with multiple applications) of the Software on a server that is under your control (whether on-premises or as hosted by a third-party service provider acting on your behalf) that is accessible to all of your designated users (“Server”), solely to generate content on your Website(s), solely for up to the total number of visitor page views allowable for such Website(s) as indicated in your Licensor account or purchase document (e.g., receipt or invoice) ( “Authorized Page Views”);
2. allow users of your Website to type text on that Website through use of the Software (e.g. in form fields, customer feedback etc.) solely for transactional or marketing purposes; and
3. make backup copies of the Software, provided that such copies are for your internal backup purposes only and remain in your exclusive control.

All rights not expressly granted in this Agreement are reserved by Licensor. Nothing in this Agreement shall be construed as granting you any exclusivity with respect to Licensor’s business or the Software. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Software. Although use of those trademarks that are associated with the Software is not required, if you elect to do so, you may use such trademarks (i) in your advertising, publicity, literature, packaging and other promotional activities in connection with the Software incorporated into your products or materials, and (ii) to identify the Software that is/are embedded in or accessed through your products or materials as permitted by this Agreement. You acknowledge and agree that Licensor owns all right, title and interest in and to such trademarks and your use of such trademarks is to be strictly in accordance with Licensor’s trademark usage guidelines and policies.

License Limitations

If your Website(s) that are the subject of the license granted under this Agreement are accessed in excess of the number of monthly Authorized Page Views licensed, you must either cease using the Software or purchase an extended license from Licensor.

This license does not allow the Software (a) to be embedded in anything other than your Website(s) (e.g. a web server application, SaaS or other online product); or (b) to be used for authoring purposes (e.g. in an application that provides office functionality such as word processing or presentation design or that allows users to create graphic designs or merchandising).

Businesses or organizations such as advertising agencies, design agencies or hosting providers that are responsible for multiple of its own or its clients’ Websites must enter into a separate agreement for each Website.

You have licensed rights in this Agreement that may be subject to certain volume limitations, which (if applicable) are reflected in your Licensor account or in your purchase document (e.g., a receipt or invoice). You will maintain accurate, complete, and up-to-date records with respect to your use of the Software and will provide such records to Licensor upon Licensor’s request. If requested by Licensor, you will certify to Licensor that any and all use of the Software at the by you is in conformity with the terms and conditions of this Agreement, which shall be provided to Licensor within 30 days of its request. In the event your use of the Software any limitations imposed on your use, you agree to license from Licensor the necessary additional amounts and pay any fee associated with such increase.

License Restrictions

Using the Software in any manner not authorized herein constitutes a breach of this Agreement. You will not do any of the following, or permit any third party to do any of the following: (a) exceed the limited license rights granted in this Agreement including, without limitation, the sharing of passwords or other login credentials with those not given explicit rights to access and use the Software under this Agreement; (b) remove any proprietary notices, labels, or marks from the Software; (c) sell, transfer (except as permitted herein), lend, lease, license, or sublicense the Software; (d) modify the Software in any way, including to create, directly or indirectly, derivative works form or of the Software or any portion thereof (except as otherwise specifically set forth herein); (e) if the Software contains embedding bits that indicate that the Software is only authorized for certain purposes, change or alter the embedding bits; (f) circumvent any digital rights management or copyright management protection associated with the Software; (g) translate, reverse engineer, decompile or disassemble the Software; (h) use any manual or automated software, bots, devices, scripts, robots, or other means to access, “scrape,” “crawl,” or “spider” any web pages or data contained in the Software; (i) falsely state, impersonate, or otherwise misrepresent any information relevant to your use of the Software; (j) access or use the Software for benchmarking or other competitive purposes; or (k) embed the Software in open source software or otherwise make the Software (or cause the Software to be required to be made) available to the public. During the term of the Agreement, Licensor may, in Licensor’s sole discretion, audit your use of the Software to ensure compliance with this Agreement.

Intellectual Property

As between you and Licensor, Licensor solely and exclusively owns all right, title, and interest in and to the Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein, including all copyright, design and trademarks rights. Nothing in this Agreement shall be construed as transferring or granting you any ownership or similar right in or to the Software. You agree that the Software is protected by the copyright law or other intellectual and industrial property rights of the United States and by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree that the Software, its structure, organization, code, and related files are valuable property of Licensor and that any intentional or negligent use of the Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights of Licensor and/or third parties. All rights in and to the Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions.

Limited Warranty

Licensor warrants to you that the Software will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Licensor in text form within ninety (90) days of the date of your purchase of access to the Software at the email address above. Your claim must provide sufficient information regarding your licensing of the Software so as to enable Licensor to verify the existence and date of the transaction. The entire, exclusive, and cumulative liability and remedy in connection with the foregoing warranty shall be that Licensor will use reasonable efforts to cause the Software to effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards as soon as commercially practicable.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT, ALL SOFTWARE AND OTHER MATERIALS ARE PROVIDED “AS IS”, AND LICENSOR HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO SUCH SOFTWARE OR OTHER MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. LICENSOR HEREBY EXPRESS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE OR FUNCTIONALITY OF ANY THIRD-PARTY SOFTWARE.

Limitation of Liability

IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANYONE ELSE (A) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE.

In no event shall Licensor’s aggregate liability to you in connection with this Agreement exceed: (i) the amounts paid to Licensor by you in exchange for the rights granted under this Agreement in the six (6) months preceding the event giving rise to the claim, or (ii) $100, whichever is greater.

Indemnification

You will indemnify, defend, and hold harmless Licensor, and its affiliates, directors, officers, employees, and agents, from and against any and all claims, losses, damages, suits, fees, judgments, costs and expenses, including reasonable attorneys’ fees, brought or asserted by any third party arising out of or relating to: (a) your use of the Software; or (b) your violation of applicable laws, rules, or regulations.

Termination

The term of this Agreement shall commence upon the effective date of the applicable purchase of access to the Software by you and shall continue according to the terms of such purchase.

Licensor may terminate this Agreement immediately if you are in breach or default of any obligation hereunder by providing you notice of the same. Upon termination or expiration of this Agreement, the rights and licenses granted to you hereunder immediately terminate and you shall cease all use of the Software. You must destroy the original and any and all copies of Software.

The parties’ respective obligations hereunder which by their nature would continue beyond the termination or expiration of this Agreement shall survive – for example, those sections of this Agreement titled, “Intellectual Property,” “Limitations of Liability” and “Indemnification.”

Governing law

This Agreement shall be governed by the laws of the State of New York. Any action arising in connection with this Agreement will be brought in the federal and/or state courts located in New York City, New York. YOU AGREE THAT ANY CLAIMS BROUGHT BY YOU WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO SUCH CLAIMS.

Export Laws; Government Entities

The Software and all related technical data are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations and may be subject to export or import regulations of other countries. You shall not use, export, re-export, or provide access to the Software in any form in violation of any applicable export or import laws of any jurisdiction. The Software are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are the US Government or any contractor therefor, you shall receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Assignment

Licensor may assign its rights in this Agreement at any time without your consent. You may not assign your rights in this Agreement without Licensor’s prior written consent, except that you may transfer, assign, or convey your rights and obligations under this Agreement in whole to another person or legal entity in connection with sale of substantially all of your business or assets, or a similar corporate reorganization, merger, or transaction, provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, and (ii) you destroy all copies of the Software in your possession or control. Notwithstanding the foregoing, Licensor reserves the right to terminate this Agreement, in its sole discretion, if it believes such permitted assignment will have a negative impact or effect on Licensor’s business, products, or services.

Miscellaneous

Licensor is at all times acting as an independent contractor. This Agreement supplements any other terms and conditions between the parties, but controls with respect to the subject matter herein. If any provision of this Agreement proves to be or becomes invalid or unenforceable under any applicable law, then such provision shall be deemed modified to the extent necessary in order to render such provision valid and enforceable in the manner that best advances the spirit of this Agreement; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. No waiver of any provision of this Agreement or the breach thereof shall be effective unless made in writing and signed by an authorized representative of the waiving party. Licensor’s performance may be subject to interruption and delay due to causes beyond the reasonable control of such party including without limitation, strikes, labor unrest, riots, power outages, inclement weather and acts of God. In the event of such interruption or delays, the period of performance shall be extended for a period of time equal to the interruption or delay or permanently suspended.