>Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
In this case it appears the copyright to the fonts is held by Commercial Type / Schartzco Inc., not The Guardian, and so they quite possibly don't have the authority to put them under the Apache license in the first place, making the license moot.
I don't know about copyright law but in contract law just because something is written in a contract doesn't make it automatically applicable.
An analogous situation may apply here where this can be considered a misapplication and so the license does not apply.
Either way I'd not use this licence to comply with "don't be a dick". Not being an ass here may encourage future releases, being an ass over this could lead to "this is why we can't have nice things.".