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Originally Posted by frabjous
It says "files with embedded fonts", not "embedded subset", or "embedded in an unembeddable way" or anything more restrictive.
I actually think that you're probably safe using these fonts in ePubs for the time being, though I'd put a copy of the font license inside the ePub (not linked to the spine, and so invisible to anyone except those who extract the files from the ePub).
It might helped if someone actually asked them, however. Maybe they would clarify.
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I absolutely disagree with your assessment, and I've handled a fair number of software and font licensing contracts in the past. Considering the most common way of including the fonts with an ePub is to simply throw the font files into the zipped ePub package (where they can incredibly easily be removed and copied/used elsewhere), I'm almost certain that Ascender could nail you with the "further distributed" part of this clause:
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Prohibited Uses
The font files cannot be modified, posted to websites or further distributed without an extended license.
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Not to mention, the standard EULA that they list on their site specifically mentions that the font can be used on one (1) personal computer (of which an ebook reader would be considered a personal computer). So unless pdurrant is ready to pay the font license fees for every single copy of his book that's downloaded (even if he's giving the book away—basically he'd be buying a copy of the font for each person who reads his book), he would need to look into one of the other licensing options.
To put it simply, I don't think any of the major font foundries (possibly barring Adobe) even have provisions in any of their standard licenses that take something like ePubs into account.