Wip Fonts Standard License for Handwriting Software
Entered into between the buyer - this is any natural or legal person ordering the WIP FONTS handwriting software (in the following referred to in short as ´beneficial ownerª) and
Co+Co Dialogmarketing (owner Cornelius Veith) (in the following referred to in short as ´Co+Coª):
The beneficial owner submits to this agreement unconditionally and irrevocably by ordering, down-loading and unpacking the WIP FONTS handwriting software he selected via internet order. In case the software is not sent electronically per email but by means of conventional mail, the beneficial owner expresses submission to the content of this agreement by opening the package.
The beneficial owner commits himself/herself to submit the content of this license agreement for the use of the WIP FONT handwriting software to every employee of his company who has access to the software or copies thereof and to make sure that they observe the terms of this agreement.
Should the beneficial owner or the buyer not consent to this agreement he or she is not authorized to download, install or use the handwriting software or to transfer it to third parties. In case of non-electronic dispatch the buyer must return the package originally sealed at his or her own cost to Co+Co.
a.) “WIP FONTS handwriting software” is an encoded handwriting software which - when used with the appropriate hard and software - produces handwriting characters and all material including documentation delivered with the handwriting software.
b.) “Commercial Product” is a product (e.g. electronic document, software or hardware) put a the disposal of third parties with the intention to (i) obtain financial profit or other return services and/or (ii) to promote the standing of one’s own enterprise or institution, products and /or services and to obtain from it financial or other benefits.
c.) “Licensed Unit” is the installation of the handwriting software at a computer workplace enabling one person at a time to use the WIP FONTS handwriting software at this place only be it at a private or business address. The local limitation does not apply to a portable computer as as long as it belongs to the beneficial owner and is used by him/her exclusively. The WIP FONTS handwriting software may not be used on a server accessible via internet or installed on other external network systems (except LAN) or used by workstations not belonging to the license. When using a LAN Server the number of required licenses depends on how many users could theoretically use the handwriting software simultaneousliy.
B. Ownership and title
The WIP FONTS handwriting software is protected by the US Copyright Law, the Copyright Law of other countries as well as international agreements. Co+Co and its licensees are exclusively
entitled to all copyrights, business protection rights and other rights in the WIP FONTS handwriting software unless this agreement explicitly allows exceptions. The beneficial owner does not obain ownership of the WIP FONTS handwriting software. The structure, organisation and the code of the handwriting software are a business secret of Co+Co and are to be used confidentially by the beneficial owner and his/her employees.
C. Extent of the right of use
a.) Co+Co confers to the beneficial owner the non-exclusive but temporally unlimited right to use the WIP FONTS handwriting software in a licensed unit for his/her own purposes. Should more than one person want to use the WIP FONTS handwriting software at the same time one more licensed unit has to be acquired per user and/or workplace according to item A.c.
b.) The beneficial owner is free to make a backup copy of the WIP Fonts handwriting software free of charge provided it serves as backup only, is not used actively and is not made available to third parties. The beneficial owner is liable for every use of his backup copy contrarious to this agreement.
c.) The right of use includes the right to temporarily make available a copy of the WIP FONTS handwriting software, which was used to create a certain document, to a commercial exposure studio or a print shop for an unchanged printout of this document. In order to change the document or to use the WIP FONTS handwriting software for other purposes the exposure studio or the print shop must acquire the rights of use separately. Should they deny the conclusion of an equivalent agreement the beneficial owner shall be made liable.
d.) The beneficial owner has the right to embed the WIP FONTS handwriting software into documents either as bitmapped representation of the handwriting (e.g. as GIF, JPG) or as subset of the handwriting software provided that (i) the document is distributed in a safe format allowing only viewing and printing but not editing and (ii) and the document is not a commercial product. You need additional rights of use from Co+Co or a distributor for (i) the distribution of editable documents or (ii) the incorporation of the WIP Fonts handwriting software into a commercial product.
e.) With exception of item C.b. to C.d. the beneficial owner may not duplicate or allow third parties to duplicate the WIP FONTS handwriting software. All copies of the WIP FONTS handwriting software have to contain the same references to copy rights, industrial property rights or nondisclosure as the original.
f.) The acquired license/right of use does NOT include the right to edit and/or change in any way the WIP FONTS handwriting software. Each arbitrary change represents an illegal act against the copy rights of the owner of Co+Co and will result in legal proceedings. The following are examples of arbitrary change in particular: to adjust, translate, decompile, or submit to reverse engineering. Also the attempt to determine the source code is an illegal encroachment of the rights of Co+Co, unless Co+Co has consented to it in writing beforehand.
g.) Unless this agreement stipulates otherwise the beneficial owner is not allowed to partly or completely transfer the WIP FONTS handwriting software to third parties. This applies to any transfer independent of the legal reason (rental, purchase, assignment) be it temporarily or final.
D. Right of transfer
The beneficial owner may transfer his/her rights to third parties only under the condition that he/she induces third parties to expressly and verifiably adhere to this agreement and to submit to its provisions just as any other beneficial owner or to assume full liability for any damage or loss of revenue Co+Co suffers consequently. After transfer of all originals of the handwriting software the beneficial owner commits to delete or destroy all of its copies.
The beneficial owner commits not to make the WIP FONTS handwriting software publicly accessible and not to circulate it via online services.
Co+Co guarantees that the handwriting software fulfils the functional and performance features contained in the product description valid at the time of contract conclusion. Warranty period expires 90 days after receipt of the handwriting software. To file warranty claims you have to return the handwriting software with proof of purchase within 90 days. Should the handwriting software not fulfil the functional and performance features contained in the product description the warranty of Co+Co is restricted to the replacement of the WIP FONTS handwriting software or the refund of the license fees paid.
The attainment of certain work results cannot be guaranteed. Co+Co is not liable for any damage, claims or costs as well as for consequential damage, secondary, accidental or indirect damage and for claims or damages resulting from lost profit or other loss even if Co+Co or an agent of Co+Co was aware of the possibility of such losses, damages, claims, costs or claims from third parties. Warranty claims to dealers who sold you the handwriting software remain unaffected.
F. Applicable law and place of jurisdiction
This agreement is subject to Austrian Law. The UN Convention on International Sales of Goods (CISG) is not applicable. Place of jurisdiction for all disputes arising from this agreement is Vienna, Austria.
G. Severability clause
The ineffectiveness of individual terms of this agreement affects the validity of the agreement as such. Should a term become ineffective it has to be replaced by a legally effective provision best representing the will of the parties of this agreement.
H. Written form:
All changes to this license agreement require the written form. This applies also to a possible revocation of the requirement of the written form. There are no oral or implied subsidiary arrangements aside from this agreement.
Co+Co is entitled to cancel this agreement if the beneficial owner violates integral regulations of this agreement. In case of cancellation of this agreement all delivered product parts as well as all copies made by the beneficial owner or by third parties with his/her consent revert to the ownership of Co+Co and have to be returned by the (former) beneficial owner at his/her cost to Co+Co. Furthermore the WIP FONTS handwriting software has to be deleted irrevocably from all data media of the (former) beneficial owner or other parties.
Cornelius Veith, Co+Co Dialogmarketing, Langwiesgasse 19, A-1140 Vienna, Austria.
As of 20 January 2008.