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End User License Agreements (EULAs)

Arabetics License Agreements

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ARABETICS™ FONTS END USER LICENSE AGREEMENT

READ THE TERMS AND CONDITIONS OF THIS FONTS USER LICENSE AGREEMENT CAREFULLY. BY CLICKING ON A BUTTON OR BY USING ARABETICS MUTAMATHIL FONTS (HEREINAFTER, THE FONTS) YOU ARE DESIGNATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THE AGREEMENT). ARABETICS MUTAMATHIL FONTS ARE COPYRIGHTED AND LICENSED (NOT SOLD). IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DISCONTINUE ALL USE OF THE FONTS IMMEDIATELY. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING ARABETICS MUTAMATHIL FONTS BETWEEN YOU AND ARABETICS (REFERRED TO AS LICENSOR), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. LICENSE GRANT. Licensor hereby grants to you, and you accept, a nonexclusive, non-transferable license to use the Fonts, for your use only on two computers or device environments. The Fonts are in use by a user when the Fonts are input to or displayed by any computer program application, even if the actual Fonts files are not installed on the user hard drive or other storage medium in that device. This license excludes any rights to use, download, store, copy, distribute or transfer in any way the Fonts to any other user's hard drive or other storage medium. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement. You agree that you will not alter, reverse engineer, disassemble, decompile, re-digitize, or otherwise translate the Fonts, Font software, or Font design. Licensor reserves rights not expressly granted by this Agreement. The Fonts and their design are protected by U.S. copyright and Patent laws. Using the Fonts on a computer or device for which the Fonts are not licensed is a direct violation of copyright laws.

2. LICENSOR'S RIGHTS. You acknowledge and agree that the Fonts are proprietary products of the Licensor and protected under U.S. copyright and Patent laws. You further acknowledge and agree that all rights, title and interest in and to the Fonts, including any associated intellectual property rights, are and shall remain with Licensor. This Agreement does not convey to you any interest in or to the Fonts, but only a limited right of use, revocable in accordance with the terms of this Agreement. You agree that any derivative works created by you from the Fonts software, including, but not limited to, software, EPS files, or other electronic works, are considered derivative works under U.S. Law and use of the derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Arabetics. Arabetics shall not be responsible for unauthorized, modified and/or regenerated software or derivative works.

3. PERMITTED AND FORBIDDEN USES. Personal Use, You may use the Fonts in the ordinary course of your business such as on ordinary correspondence and documents, or in the design of self-promotion pieces like business cards, newsletters and brochures.

Commercial Use, If you use the Fonts to create products that are sold for profit, or in entertainment products such as television shows, movies or the like, or to create a design, logo or other element in advertising (such as a web page, television ad, print ad), then an additional Special license fee is required. If you do not contact Arabetics to negotiate the fee, then the fee shall be the greater of (a) 150% of the customary fee for the use, or (b) (i) in the case of products, 2.5% of your gross revenue from sales of the products, and (ii) in the case of advertising and entertainment products, 2.5% of the cost (including production budget and media buys) of the advertising or entertainment product.

Publishing Use, Additional Special license fee is required for publications (books, serials, periodicals and the like) which the Fonts in any pressing (or series of pressings of the same title) which exceeds 1,000 copies. If you do not contact Arabetics to negotiate the fee, then the fee shall be 2.5% of the amount invoiced for the pressing or series of pressings.

Corporate Identity, Additional Special license fee is required if the Fonts are used in the design of items constituting or promoting corporate identity (i.e. stationary, business cards, pens, shirts, mugs, mouse pads). If you do not contact Arabetics to negotiate the fee, then the fee shall be 2.5% of the cost of the product.

Font Embedding, The Fonts, Fonts software, Fonts set or any derived copies may not be embedded within any document that will be distributed outside of the licensed group of computers, or licensed area or licensed platform, without the written permission of Arabetics, unless this font set has also been licensed for use on the destinations computer(s), area(s) or platform.

Non-editable/Read-Only Embedding, Fonts which are SUBSET embedded and set to View and Print only are not subject to additional licensing fee. But if Fonts are used in any portable document, in any way, which allows the fonts to be edited and therefore transferred, as with editable PDF, a discounted Site license fee is required.

4. LICENSE FEES. Any license or other fees paid by you hereunder are paid in consideration of the license granted under this Agreement. Single User license, Multiple Site license, and Unlimited Site license fees are available. A discounted volume purchase license fee is granted for the purchase of more than one font of the same type. All additional Special license and Unlimited Site license fees must be negotiated separately. Discount international, educational, non-profit, and volume purchase license fees are available.

5. RETURN POLICY. The Font Software may be returned or exchanged only if defective. Arabetics must be notified within two (2) weeks of purchase.

6. UPDATE AND CUSTOMIZATION.

At the option of Arabetics, there may be updated versions of the Font software, which will be offered free of charge to registered users. All customized or derivative versions of the Fonts performed by Arabetics will require additional fee.

7. TERM. This Agreement is effective upon the earlier of your use of the Fonts, or your signification of acceptance of this Agreement. The Agreement shall continue until terminated. You may terminate this Agreement at any time by terminating all use of the Fonts. Licensor may terminate this Agreement upon breach by you of any term of this Agreement. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Font Software to Arabetics and certify that no copy remains in your possession or control or in use.

8. DISCLAIMER OF WARRANTY. THE FONTS ARE LICENSED, AS IS, AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Some states do not allow the exclusion or limitation of implied warranties, so the above limitations or exclusions may not apply to you.

9. LIMITATION OF LIABILITY. LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMAND, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE FONTS. IF NO LICENSE FEE WAS PAID, LICENSOR SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. TRADEMARK AND PATENT. Arabetics and Mutamathil are registered trademarks of Licensor protected under domestic and international trademark and copyright laws. No right, license, or interest to such trademark is granted hereunder, and you agree that you shall assert no such right, license, or interest with respect to such trademark. You agree to identify the fonts by name and credit Arabetics ownership of the trademarks and copyrights in any design or production credits. Furthermore, both the design and utility of the Fonts are protected by the United States Patent and Trademark office under US Patents D435,584, and 6,704,116.

11. INDEMNIFICATION. Licensee agrees that Licensee shall defend and hold Licensor harmless against any liability, claim, or suit, including but not limited to malpractice, and shall pay any related expense, including but not limited to reasonable attorneys' and expert fees, arising out of any use of the Fonts.

12. GENERAL. This Agreement shall be construed and governed in accordance with the laws of the state of Connecticut, USA, which shall have exclusive jurisdiction over the parties and this Agreement. If either party brings any action to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney and other professional fees and expenses of litigation.

13. COMPLIANCE WITH THE LAW. You agree to be responsible for compliance with all laws, foreign and domestic relating to the control of exports or the transfer of technology, as well as end-user, end-use and destination restrictions issued by U.S. and other governments that have jurisdiction over you. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.

14. SEVERABILITY. Should any court of competent jurisdiction declare any term of this Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.

15. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

16. CONTACT AND SUPPORT.

Arabetics can be contacted from the USA and abroad by Telephone or Fax 1-815-327-9029 or by email to contact@arabetics.com. Arabetics will offer free of charge basic support only with issues it determines as issues directly related to the general, not customized, use of the Fonts. Users of the Fonts are expected to be familiar with all software or hardware font environment and utilization details especially for non-Latin fonts.
End User Licence Agreement for Arabetics Webfonts
This end user Licence Agreement (hereinafter "Agreement") is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter "You") and Arabetics (hereinafter "Arabetics"), and is applicable to the Font Software that is accompanied by this Agreement or that You have ordered online.
By downloading the Font Software or, if You purchased it not online, by installing the Font Software or by opening the package, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download, install, or use the Font Software. If You have purchased Font Software in a sealed retail package and do not agree to the terms of this Agreement, return it unopened to the place of purchase.

1. Definitions
"Font Software" means coded software that is accompanied by this Agreement or that You have ordered online and that generates typeface designs when used with the appropriate hard- and software, plus any and all other data including documentation provided with such software.

"Licensed Unit" means installations of the Font Software that allow the design of Your Websites which have - based on any six consecutive calendar months - not more than the overall monthly average of Pageviews stated on Your invoice for the purchase of the Font Software. If no number of Pageviews is given on your invoice, the licensed number of Pageviews is 500,000 per month. If Your Websites averages (based on a period of six consecutive calendar months) at any given time in the future more than the licensed number of Pageviews per month, You must purchase an extended licence from Arabetics or its authorized distributors.

"Use" means to design Your own personal or business Website with the typeface embodied in the Font Software and to make accessible the Font Software together with Your Website on a web server in order to enable a web browser to render the content of such a Website using the respective Font Software. Use does not include the behaviour set forth in Clause 2.2. below.

"Website" as used here is a connected group of related web pages which form an entity whose content is managed by You, and which are organized under a particular domain name, including sub-domains. The Website can be viewed either over Your local area network or over the Internet. For the avoidance of doubt, web pages on sub-domains whose content is managed by other persons are deemed to be not part of Your Website.

"Pageview" is each request to load a single page of each of Your Websites. Pageviews - also referred to as page impressions or page requests - must be recorded by a commonly accepted or recognized performance tracking system. Arabetics reserves the right to request written copies of your average Pageview reporting statistics.

2. Grant of Licence and Restrictions
2.1. Grant of Licence. Arabetics grants You a non-exclusive licence to Use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the average number of Pageviews under which the Font Software is Used exceeds the amount set forth in the Licensed Unit, then You must request from Arabetics or its authorized distributors an appropriate licence extension covering all Pageviews; an additional fee will be charged for this licence extension.

2.2. Restriction of Use. You are not allowed to copy, distribute or make the Font Software available to third parties so that they can use it for their purposes or for purposes other than the display of Your Websites. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to sublicense the Font Software to third parties so that they can use it for their websites (even though such websites are hosted under Your domain name), e. g. for websites in social networks, for individual online shops under a common domain name, in blogging communities, by online editors, as a design tool, etc. If You wish to use the Font Software for such purposes, You must obtain a special licence from Arabetics or its authorized distributors.

2.3. No Embedding. You may not embed the Font Software in any documents (e. g. pdf documents), applications or devices other than your Websites. You may not use the Font Software for other services that are rendering the fonts, e. g. pre-press, plotting, exposing, etc. If You wish to use the Font Software for such purposes, You must obtain a separate pre-press font licence from Alan Meeks or its authorized distributors.

2.4. Backup. You may make backup copies of the Font Software for archival purposes only, provided that You retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.

2.5. Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software except as expressly provided for in this Clause 2 and the Definition of Use. If You want to make modifications to the Font Software, You must obtain the prior written consent of Arabetics.


3. Ownership
The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to Arabetics. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of Arabetics, and You agree to treat them as such.

4. Transfer of Licence
Except as expressly provided herein, You may not give, rent or lease or make available the Font Software or parts of it to third parties. You may completely transfer Your licence right to Use the Font Software to another person or legal entity provided that (i) You stop Using the Font Software Yourself, (ii) the transferee accepts and agrees in writing (with copy to Arabetics) to be bound by all the terms and conditions of this Agreement, and (iii) You destroy all of Your copies of the Font Software, including all copies stored in the memory of a hardware device.

5. Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Arabetics shall be limited to either, at Alan Meeks's option, the replacement of the Font Software or the refund of the licence fee You paid for the Font Software. Arabetics and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Arabetics and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Arabetics or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Arabetics representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims You might have against Your retailer.

6. Export Restriction
You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations.

7. Termination
Arabetics has the right to terminate Your licence immediately if You fail to comply with any term of this Agreement. Upon termination, You must destroy the original and any copies of the Font Software.

8. General provisions
You agree to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement. This Agreement may only be modified in writing signed by an authorized officer of Arabetics.

9. Governing Law
This Agreement will be governed by the laws of USA. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.