Agreement on the use of the WIP Fonts Handwriting Software between the ordering party – this is any natural or legal person ordering the WIP FONTS Handwriting Software (in the following shortly designated as «beneficiary»)
the web2service® GmbH (man.dir. Cornelius Veith) (in the following shortly designated as «web2service®»):
The beneficiary enters this agreement unconditionally and irrevocably by ordering, downloading or unpacking the WIP FONTS Handwriting Software, which he has chosen in the course of his internet order. In case that delivery is not realized electronically by email but rather by conventional postal service, the beneficiary agrees to the content of this agreement by opening the packaging.
The beneficiary agrees to inform every employee of his company having access to the WIP FONTS Handwriting Software or to copies thereof about the content of this agreement of use for handwriting software and further to ensure legally compliant behaviour of the employees.
If the beneficiary or the person ordering, respectively, do not want to agree to or enter even a part of this agreement, the beneficiary shall not be entitled to download, install, utilize or make available to third parties for use the handwriting software. In case of not-electronical postal delivery, the person ordering must return the package at his own expense and originally sealed to web2service®.
A. Definitions of terms:
a.) «WIP FONTS Handwriting Software» is an encoded handwriting software, which generates characters upon utilization of appropriate hardware and software, as well as all materials including documentation, which are delivered together with the handwriting software.
b.) «Commercial product» is a product (e.g., an electronic document, software or hardware), which is made available to third parties with the intent to (i) receive financial or other return services and/or (ii) increase the reputation of the own company or the own institution, products and/or services, thus benefitting therefrom in a financial or other way.
c.) «Licensed unity » is an installation of the handwriting software at a computer working place, which enables a person to use the WIP FONTS Handwriting software at a place, either at the private or the company address. The local restriction shall not apply to portable computers as long as these are property of the beneficiary and are exclusively used by that person.
The WIP FONTS handwriting software must not be installed on a service accessible via the internet or on any other external network system (apart from LAN) or used at working places that are not part of the license. In the case of server utilization in LAN, the number of the licenses required depends on the theoretically possible number of the persons simultaneously using the software.
B. Propriety und ownership:
The WIP FONTS Handwriting Software is protected by the US Copyright Law, the copyright laws of other nations as well as international agreements. Exclusively web2service® as well as the licensees thereof shall be entitled to all copy rights, industrial property rights or any other rights regarding the WIP FONTS Handwriting Software, unless this agreement explicitly states exceptions. The beneficiary shall not gain ownership of the WIP FONTS Handwriting Software. The structure, organization and coding of the handwriting software are trade secret of web2service®, having to be treated accordingly secretly by the beneficiary as well as the employees thereof.
C. Scope of right of use:
a.) web2service® grants the beneficiary the non-exclusive right in perpetuity to use the WIP FONTS Handwriting Software in a licensed unity for his own purposes. If more than one person wish to simultaneously use the WIP FONTS Handwriting Software, then there has to be acquired a further «LICENSED UNITY» acc. Clause A.c) per user and/or working place.
b.) The production of an archival backup copy per beneficiary shall not liable to payment as long as this only serves as a «backup», is not actively used and is not made available for use to third parties. The beneficiary shall be liable for any non-compliant use of the backup copy produced.
c.) The right of use shall further include the entitlement to provide a copy of the WIP FONTS Handwriting Software, which has been used for generating a determined document, to a commercial photography studio or a print office in order to enable the unchanged issue of this document. In the case of changes to the document or of the use of the WIP FONTS Handwriting Software for any other purposes, the photography studio or the print shop have to acquire separate rights of use for using the handwriting software. If these refrain from entering a respective agreement, the beneficiary shall be held liable.
d.) The beneficiary is allowed to embed the WIP FONTS Handwriting Software either as a rasterized illustration of the handwriting software (e.g., a GIF, JPG) or as a subset of the handwriting software in documents, as long as (i) the document is distributed in a safe format enabling only viewing and printing but not editing of the document and (ii) the document is no commercial product. There are, however, required additional rights of use granted by web2service® or a trader for (i) the distribution of editable documents or (ii) the embedding of the WIP FONTS Handwriting Software in a commercial product.
e.) Except for lit. C.b.) through C.d.), the beneficiary must not copy the WIP FONTS Handwriting Software or give permission for this purpose to third parties. Any copies of the WIP FONTS Handwriting Software must contain the same references to copy rights, industrial property rights or privacy and secrecy references as the original version.
f.) The acquired license / right of use shall NOT contain the right to edit and/or change/alter the WIP FONTS Handwriting Software in any way. Any unauthorized change shall constitute an illegal intervention in the copy rights of the proprietor of web2service®, resulting in legal steps. Unauthorized changes are in particular: adaption, translation, decompilization, subjection to a reverse engineering. Also the attempt to determine the source code shall constitute an illegal intervention in the rights held by web2service®, unless written approval has been acquired from web2service® beforehand.
g.) Unless stated otherwise in this agreement, the beneficiary must not cede the WIP FONTS Handwriting Software to third parties, neither completely nor in part. This shall be valid for any cession, irrespective of any legal reason (lease, sale, cession…) or whether the cession is intended for definite use or only for a defined period of time.
D. Right of transfer:
The beneficiary shall be allowed to transfer his rights to third parties only under the condition that he induces the third party to enter this agreement explicitly and verifiably and to subject, as any other beneficiary, thereto or to accept full liability for any damage or financial disadvantage resulting for web2service®. The beneficiary shall be bound by the agreement to delete or annihilate, respectively, all copies of the handwriting software upon handing over all originals of the handwriting software.
The beneficiary shall be bound by this agreement to neither make publicly accessible, neither completely nor in part, nor distribute the WIP FONTS Handwriting Software, in particular via online services.
web2service® shall warrant that the handwriting software meets the properties of function and performance, which are contained in the product description valid upon conclusion of agreement. The term of warranty shall end 90 days after receipt of the handwriting software. In order to claim warranty, you will have to return the handwriting software including proof of purchase within a period of 90 days. If the handwriting software does not meet the properties of function and performance contained in the product description, warranty by web2service® shall be restricted to replacement of the WIP FONTS Handwriting Software or to the reimbursement of the license fees paid.
There shall not be provided warranty for achieving a certain performance result in any case.
web2service® shall not be liable for any damage, claims or any types of costs as well as secondary damage, collateral damage, coincidental damage or indirect damage or any coincidental damage as well as claims or compensation claims due to loss of profit or losses, respectively, even if web2service® or a representative of web2service® have been aware of the possibility of such losses, damage, claims or costs or claims issued by third parties, respectively. Any claims for warranty issued to retailers, from which the handwriting software is purchased, shall remain unaffected.
F. Applicable Law and Place of Jurisdiction:
This agreement is subject to Austrian Law. The UN Convention International Sales of Goods (CISG) shall not be applicable. Place of jurisdiction for any legal disputes resulting from this agreement is Vienna.
If individual clauses of this agreement become ineffective, this shall affect the validity of the agreement as such. If a clause becomes ineffective, it shall be replaced by a legally effective clause, which comes closest to the intent of the parties of this agreement.
H. Written Form:
Any amendments to this contract of use must be made in written form. This shall also be valid for a possible abandonment of the requirement of a written form. Apart from this agreement, there shall not be existent any oral or implied side-agreements.
web2service® shall be entitled to terminate the contract without previous notice if the beneficiary infringes essential clauses of this contract. Upon termination of this contract, all product parts handed over as well as all copies made by the beneficiary or by third parties on approval of the beneficiary shall pass to the property of web2service® and must be returned to web2service® by the (former) beneficiary at his own expenses. Furthermore, the WIP FONTS Handwriting Software must be irrevocably deleted from all data media of the (former) beneficiary or third parties.
Version: 01. Februar 2010 (Translation October, 2016)
web2service® GmbH (man.dir.: Cornelius Veith)
Haydngasse 8, 3003 Gablitz, Austria
www.wipfonts.com | email@example.com
Phone: + 43 (1) 326 26 26