Last Updated: May 1, 2013.
The Agreement contains capitalized terms that are defined in Section 6 below.
2. Description of Service.
The Service offers an array of free and commercial fonts available to You for Use on Your website. Adobe hereby grants to You a personal, non-transferrable, non-exclusive, limited right and license to Use the Service, subject to the following terms and conditions.
2.1.1 If You are a Reseller Platform (defined in Section 6 below) Using the Service You need to provide Adobe prior written notice of Your Use in the form of an email containing Your name and that of Your Reseller Platform, with the subject line, “Reseller Platform Notification” to: email@example.com;
2.1.2 You have read Section 5.2 “Support” below; and
2.1.3 You have read Section 5.3 “Termination” below.
3. Base Terms.
4. Your Rights and Obligations; Limitations and Restrictions on Your use of the Service.
4.1 Use of the Service and Licensed Content by You. Adobe hereby grants to You a nonexclusive, non- assignable, non-transferable, limited right and license to access and Use the Service and the Licensed Content on and in connection with the design and development of Published Websites as permitted by these Additional Terms subject to the following:
4.1.1 Included open source components. Portions of the Service or Licensed Content may use or contain open source software components and software programs. Your Use of such components shall be additionally governed by the terms of any open source license specified in the copyright and license notice text file delivered with the Service or Licensed Content, published on or through the Service website, or otherwise accessible from the accompanying CSS file loaded for each Licensed Font.
4.1.2 Preserve existing notices. The Service may include Licensed Content provided with certain proprietary notices, including patent, copyright, and trademark notices. You shall preserve all such proprietary notices exactly as provided on all permitted copies of the Licensed Content.
4.2 Use of the Service by Publishers on Whose Behalf You Create Published Websites. Publishers on whose behalf You create or created the Published Website may continue to access and Use the Licensed Content You designed into the Published Website provided, however, each such Publisher’s Use of the Licensed Content shall be governed by these Additional Terms. You agree to provide a copy of these Additional Terms (accessible at www.adobe.com/go/terms_africa) to Publishers on whose behalf You create or created the Published Websites.
4.3 Reselling the Service. Reseller Platforms will Use the Service (including all Licensed Content) as permitted by law, including without limitation import or export of data or software, local laws, and data protection and privacy laws and rules applicable to personal or personally identifiable information.
4.4 Prohibited Uses of the Service. Except as may be permitted pursuant to any open source license terms applicable to certain open source Licensed Content that may be included in or distributed with or through the Service, You are expressly prohibited from:
4.4.1 Hosting the Licensed Content on Your own server or other self-hosting option or service;
4.4.2 Including, bundling, enclosing, embedding, or otherwise distributing any Licensed Content as part of any software file package, digital or electronic document, or mobile or tablet application;
4.4.3 Adding any functionality to or otherwise changing, altering, adapting, translating, converting, modifying, creating, or making or having made any Derivative Works of any portion of the Licensed Content;
4.4.4 Disassembling, decompiling, reverse engineering, or otherwise attempting to discover the source code of the Service or Licensed Content, or defeat, bypass, or otherwise circumvent any software protection mechanisms in the Service or Licensed Content (except to the extent applicable laws of the jurisdiction where You are located specifically prohibit such restrictions, provided, however, that You must first request the information from Adobe and Adobe may, in its discretion, either provide such information to You or impose reasonable conditions, including reasonable fees, on Use of the Software or Licensed Content to ensure that Adobe’s and/or its Licensor’s Intellectual Property Rights in the Service or Licensed Content are protected);
4.4.5 Assigning, granting a security interest in or over, or otherwise transferring any part of Your rights to Use the Service;
4.4.7 Using the Service or Licensed Content in a timesharing or service bureau arrangement; and
4.4.8 Removing or altering any trademark, logo, copyright, or other proprietary notices and legends, symbols, or labels in the Service or Licensed Content.
5. Adobe Rights and Obligations.
5.1 Delivery of Service. Adobe makes commercially reasonable efforts to make the Service and access to the Licensed Content available. However, there will be occasions when the Service and/or access to Licensed Content will be interrupted for maintenance, upgrades and repairs, or as a result of any failure of telecommunications links and equipment that are beyond the control of Adobe. Adobe will take reasonable steps to minimize such disruption where it is within the reasonable control of Adobe.
5.2 Support. No maintenance, technical, or other support will be provided to You in connection with the Service. Adobe is not obligated to provide Updates and Upgrades to or for the Service.
5.3.1 You acknowledge and agree that Your right and license to Use certain Licensed Content and to incorporate the Licensed Content into Published Websites are sub-licenses granted to You by Adobe as a licensee of various content licensors and, further, that Your rights to such Licensed Content are dependent upon the continued enforceability and applicability of any agreements between Adobe and its content licensors. Should the relevant agreements between Adobe and its Licensors expire or terminate, You understand You may no longer have the right to Use such Licensors’ Licensed Content (including such Licensed Content You may have already designed into a Published Website).
5.3.2 Adobe reserves the right at any time, with or without notice and for any reason, to temporarily or permanently limit, modify, suspend, or discontinue the Service (or any part thereof), Your access to the Service, any Licensed Content, or Service Interfaces. Adobe shall not be liable to You or to any third party for any such limitation, modification, suspension, or discontinuation of the Service, Licensed Content, or Your access thereto.
5.3.3 Adobe may suspend or terminate Your right to Use the Service and/or the Licensed Content distributed through the Service if at any time You violate these Additional Terms.
5.3.4 Adobe, in its sole discretion, may temporarily or permanently suspend Your access to Service Interfaces if Adobe determines instances of abuse, excessively frequent requests to the Service, or other excessive Usage via a Service Interface.
5.3.5 Any attempt to interfere with the operation of the Service or Licensed Content in any way may carry criminal penalties and be subject to investigation and prosecution.
Capitalized terms used herein shall have the meaning as defined below. Capitalized terms not otherwise defined here have the same meaning as defined in the General Terms located at www.adobe.com/go/terms_africa.
6.1 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if this agreement is entered into while You are in the United States, Canada, or Mexico; otherwise, it means Adobe Systems Software Ireland Limited, 4–6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland.
6.3 “Licensor(s)” means the third party that has licensed to Adobe any of the Licensed Content which Adobe makes available for Your Use.
6.4 “Licensed Content” means the Licensed Fonts, Licensed Software, and the Service, Service Interface(s), and Service Interface tokens.
6.5 “Licensed Fonts” means the fonts and/or font families that Adobe licenses or otherwise provides to You through the Service for Your Use pursuant to this Agreement.
6.6 “Licensed Software” means the Service and any and all software with which this Agreement is provided, including but not limited to any software files containing the Licensed Fonts and any scripts, scripting logic, or other code that is used within the Service or embedded within exported file formats (and any Updates and Upgrades or Documentation relating to any of the foregoing) that Adobe makes available to You through the Service to enable You to access and receive the Licensed Content.
6.7 “Publisher” means the individual or entity (You or Your client or customer on whose behalf You may act) that controls the content appearing on or in Published Website.
6.8 “Published Website” means respectively websites, webpage(s), or webpage content that You design, develop, or create and that is published and integrates, accesses, Uses, and publicly displays the Service or Licensed Content.
6.9 “Reseller Platform” is any service that allows its customers or clients to choose fonts for websites or other products that it provides on their behalf (e.g., blogging platforms, social network profiles, etc.).
6.10 “Service(s)” means the online Adobe Edge Web Font Service and all other features or content made available from, in, or accessible through the Adobe Edge Web Font Service website.
6.12 “Updates and Upgrades” means any updates, revisions, modifications, or additions that may be made and deployed or provided by Adobe to You at any time to upgrade, augment, or enhance the Service, to the extent not provided under separate terms. Adobe shall not be liable to You in any way whatsoever for any such Updates and Upgrades.
6.13 “Use(s)”, “Using”, or “Usage” means any and all use You make of the Service in connection with Your download, integration, access, syncing, use, or display of the Licensed Content.
6.14 “You” and “Your” means any individual or entity that access and Uses the Services on its own behalf or on behalf of its clients or customers in connection with Published Websites.