ARABETICS™ MUTAMATHIL™ FONTS 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.
LICENSE GRANT. Licensor hereby grants to you, and you accept, a nonexclusive, non-transferable license to use the Fonts, for your use only on a single computer or device environment. 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.
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.
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.
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.
RETURN POLICY. The Font Software may be returned or exchanged only if defective. Arabetics must be notified within two (2) weeks of purchase.
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.
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.
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..
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.
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.
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.
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.
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.
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.
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.
CONTACT AND SUPPORT. Arabetics can be contacted from the USA and abroad by Telephone or Fax # 1-815-327-9029 or by email [email protected] Arabetics will offer free of charge minimal 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.