Exemplar EULA

Fluid Interface

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.

    1. 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.
    2. Sections 1(b) and (c) of the License are hereby modified to additionally permit you to embed the Font Software within the digital application(s) and corresponding website(s) (i.e., an Internet domain or subdomain experienced by a user as one “website”) associated with the licensed brand (individually or collectively, the “Subscription Services”), only if the following conditions are met: (1) the Subscription Services are substantially connected to the licensed brand; (2) the Subscription Services prominently display the brand (or, if there are multiple brands visible on a website, they are all owned by you, and the Font Software is used only for the licensed brand); and (3) for applications, the Font Software will not be installed in the devices’ system in a manner that renders it available to the user other than for use in the applications (4) The websites and applications offer separate portals to the same interface which is accessed by registered users. 
    3. Section 1(f) of the License is hereby modified to permit you to subset the Font Software files embedded in the licensed Subscription Services, 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.
    4. The Addendum fee is based upon the average monthly combined active registered users (measured over a one-year period) for all Subscription Services that use the Font Software. 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 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

Why would I need a Fluid Interface addendum?

Fluid interface addenda are for licensees who have a website and an application that are accessed by the same pool of registered users. Online banking is a perfect example. In that case, the exact same pool of registered users accesses the interface through both the website and the app (as convenience dictates). In these cases, issuing both an app and a web license would be double counting the users. Alternatively, many of our customers have both a website and an app but they don’t access the same interface — in these cases, we do not use a Fluid interface addendum.

How do I request a Fluid interface addendum?

Please contact us. 

I'm about to request a quote, what information do you need?

We determine price from two data points: One, the Number of Styles. Two, the Average Monthly Active Registered Users (AMARU).

Do you count Roman (upright) and Italic as separate styles?

Yes, they are licensed and priced as separate styles.

If I get an addendum for up to 1 Million AMARU 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’ interfaces 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 that 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?

If you really want it, yes. However, you’re probably going to be happier with a multi-year timed license. As you can see from the pricing calculator on the pricing tab, the multi-year discount maxes out at five years. Additionally, a perpetual license still requires annual reporting of actual traffic and the payment of overage (the difference in cost with no penalty) should your traffic go up. 

My 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.

I’m only using the fonts for headlines and will not have any user generated text. Do I still need an addendum?

The only question we ask is, “are the fonts embedded?” Pricing is determined based on the number of active monthly users with no consideration to the way the fonts are deployed in the app(s).

We're making versions for both iOS and Android. Do we need to get two addenda?

You only need one! We license by brand and permit the font to be embedded in an unlimited number of apps associated with the brand partly to be platform-neutral. Also, this way existing fluid embedding licensees don’t have to tell us every time you add an app – just make sure to provide the average registered monthly users for all platforms in which the fonts are embedded at the end of the license year when you report actuals.