ArabicType Ltd Font Software End User License Agreement (EULA)
This license agreement for font software becomes a legally binding contract between you and ArabicType Ltd when you agree to the terms, for instance by confirming the EULA during a download process or accepting it by other means (for instance by referring to the EULA in a purchase order, a confirmation email etc.).
If you do not agree to the terms of this EULA, you may not download, access, distribute or otherwise use the font software.
1.1 Upon full payment of the agreed usage fee, ArabicType Ltd grants one human individual (“Authorized User”) the non-exclusive, non-assignable and non-transferable right to use the font software as described below.
The Authorized User may
- install and use the font software on electronic devices, including servers, owned or controlled by the Authorized User as long as access is restricted to the Authorized User and members of its household;
- create materials with the font software, provided that the font software itself (i.e. the font software code) is not embedded in such materials and distribute such materials, with the exception of broadcasting which will require an additional broadcasting license. Examples: You may print a book or create a T-Shirt with the font and distribute them commercially or non-commercially. You may create a logo as a static graphic image and use such static image on your web site or business paper, however, if you create a logo for a TV series that will later be broadcast, you will need an additional license for such broadcasting;
- embed the font software in non-commercial electronic documents, as long as the electronic document is distributed in a secure format that does not permit the extraction of the font software. An electronic document is deemed a commercial document if you distribute it for a fee or other direct or indirect consideration. Example: You may create a PDF-document or presentation with embedded font software as long as you do not sell or use/distribute such electronic documents in a commercial environment;
- embed the font software in any electronic document solely to provide such document to a commercial printer or service bureau in a non-editable format;
- make back-up copies of the font software for archival purposes only, provided that the Authorized User retains exclusive custody and control over such copies.
1.2 In the event that the Authorized User intends further use (such as using the font software as web font for a web site, creating embedded commercial electronic documents, embedding the font software in hardware, software or digital advertising or broadcasting materials created with the font software), you will have to purchase a license extension from ArabicType Ltd.
2. Intellectual Property Rights
2.1 You acknowledge that the font software is protected by copyright law and design rights and may be subject to other intellectual and industrial property rights and that the font software and the designs embodied therein are the exclusive intellectual property of ArabicType Ltd. No ownership rights or related rights are transferred or assigned to you by this license.
2.2 You may not alter, convert, decompile, reverse engineer or otherwise modify the font software.
2.3 You agree to use trademarks associated with the font software according to accepted trademark practice.
3. Warranty and Liability
3.1 Upon receipt of the font software, ArabicType Ltd warrants for a one-year period that the Font Software is free from any material defects which limit the usability of the font software. ArabicType Ltd does not and cannot warrant the performance or results you may obtain by using the font software and makes no warranties, express or implied, as to merchantability, or fitness for any particular purpose.
3.2 A warranty claim has to be made by providing a copy of the sales receipt and a description of the material defect within the one-year warranty period to the sales and distribution partner from which you obtained the license.
3.3 If the font software has a material defect, the entire and exclusive liability and remedy shall be limited to either the replacement of the Software or the refund of the license fee.
3.4 In no event will ArabicType Ltd be liable to you for any consequential, incidental or other indirect damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if ArabicType Ltd has been advised of the possibility of such damages. Claims exceeding the preceding warranty claims are explicitly excluded, unless the damage was caused by willful intent or gross negligence on the part of ArabicType Ltd.
4.1 Transferring the license to a third party is only permitted upon compliance with all of the following conditions: (a) The transferee has expressly declared to you to strictly and unrestrictedly submit and adhere to the conditions of this EULA; (b) you delete the transferred software and are not retaining any copies, in whole or in part.
4.2 The font software and its documentation, unless properly transferred as described above, may not be sublicenced, sold, leased, rented, lent, or given away to another person or business.
5.1 If you or any Authorized User breaches the terms of this EULA and/or intellectual property rights of ArabicType Ltd, ArabicType Ltd has the right to terminate the license and right of use for cause upon notice by regular mail or email, with termination taking immediate effect. The termination of the EULA shall not preclude ArabicType Ltd from asserting further claims (injunctive relief, request for information, compensation for damages, etc.).
5.2 In the event of termination, you are obligated to delete the font software affected by and pertaining to the termination, including all copies thereof.
6. Final Provisions
6.1 This EULA, including attachments or amendments, which are a component of such contract, represents the sole agreement between the parties governing the font software.
6.2 Changes to this contract require written form. This also applies to changes to this written form clause. Any collateral verbal agreement is only binding for ArabicType Ltd if it has been acknowledged and confirmed in writing by ArabicType Ltd.
6.3 Any and all disputes arising from, or in connection with, this EULA are exclusively subject to the laws of England and Wales (without regard to applicable conflict of laws provisions). The courts of London, UK, shall be the exclusive forum for any disputes arising out of or related to this EULA. Both you and ArabicType Ltd agree to the personal jurisdiction and venue of these courts in any action related to such agreement.
6.4 The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and reflects the intent and economic interests of the invalid provision.
6.5 This agreement is not governed by the “United Nation Convention on Contracts for the International Sale of Goods (CISG)”.