EULA

Software licensing agreement (EULA) for “Glyphs – The font editor for everyone”

Preamble

This agreement governs the licensing of the subject matter between the licensor and the licensee. The subject matter is provided for use exclusively under the terms and conditions set forth in this agreement.

§ 1 Object of the agreement

  1. The object of this agreement is the permanent transfer of the “Glyphs” computer program in object code form, including the associated user documentation (“contract software”) and granting of the rights of use thereof described in § 2.

  2. Installation, configuration services and customization are not part of this agreement.

  3. This license granted within this agreement is exclusively limited to version “3” and all its updates.

§ 2 Granting of usage rights

  1. The customer is granted a non-exclusive, indefinite right of use of the contract software. The permitted use depends on the chosen installation type:

    1. Personal Installation: The licensee may install the contract software on multiple personal devices, provided that the software is used exclusively by the licensee and never simultaneously by more than one natural person.

    2. Lab Installation (for educational institutions): The contract software may be installed on a specified number of devices, which may be used sequentially (not simultaneously) by an unlimited number of users.

  2. The customer is not entitled to alter, translate or rent out the acquired contract software or to sublicense it in any form, to publicly reproduce or make it accessible to the public using either wireless or wire-based technology or to make it available for use to third parties, either in return for remuneration or free of charge, e.g. by means of application service providing or in the form of “software as a service”. § 4 remains unaffected by this.

  3. The customer is entitled to create a backup copy of the software if this is required to safeguard its future use. The customer shall mark the backup copy with the designation “backup copy” and append a visible manufacturer’s copyright notice.

  4. The customer is entitled to permanently transfer the acquired copy of the contract software to a third party on condition that it also hands over the license certificate and documentation. In this case it shall completely desist from all use of the program, remove all installed copies of the program from its computers and delete or hand over to the vendor all copies stored on other data carriers unless there is a statutory obligation for it to keep them for a specific period. If required to do so by the seller, the purchaser shall provide written confirmation of the complete execution of the above-mentioned measures or, where applicable, present the former with its reasons for keeping the software for a longer period. Furthermore, the customer shall conclude an agreement with the third party containing an undertaking to expressly observe the scope of the rights granted pursuant to the present § 2.

  5. Should the customer use the contract software in such as a way as to exceed the scope of the acquired rights of use either qualitatively (in respect of the manner of use permitted) or quantitatively (in respect of the number of licenses acquired), it shall without delay acquire the associated necessary extra rights of use.

  6. The licensee becomes the intellectual property owner of products created with the use of the software.

§ 3 Warranty

  1. The vendor warrants the agreed composition and the use by the customer of the contract software without infringement of the rights of third parties.

  2. If the customer is an entrepreneur, it shall test the contract software immediately upon receipt thereof for obvious defects and inform the vendor promptly of the same; if it fails to do so, warranty for these defects will be excluded.

  3. The vendor will also be deemed to have fulfilled its obligation to rectification of defects if it has made available for download on its homepage updates provided with automatic installation routines and offered the customer telephone support in the solution of any installation problems that may occur.

  4. If the customer is a consumer, statutory warranty provisions apply without restriction.

§ 4 Liability

  1. The vendor will be liable without limitation

    • In the event of premeditation or gross negligence,
    • For injuries to life, limb or health,
    • Pursuant to the provisions of the Austrian Product Liability Act (Produkthaftungsgesetz) and
    • To the extent of the applicability of a warranty taken over from the vendor.

  2. In the event of the slightly negligent violation of an obligation essential to the fulfillment of the purpose of the agreement (cardinal obligation), the liability of the vendor will be limited in amount to the level of predictable damage typical of the business in question.

  3. There will be no further liability on the part of the vendor.

  4. The limitation of liability mentioned above applies also to the personal liability of co-workers, representatives and organs of the vendor.

§ 5 Right of revocation

Consumers within the meaning of § 1 KSchG (Austrian Consumer Protection Act) are entitled to a statuary right of revocation in accordance with this section.

Instruction on right of revocation

Right of revocation

You may within 14 days and without any requirement to state reasons revoke your contractual statement in writing. The period of notice begins after receipt of this instruction in written form.

The notice of revocation is to be sent to

  • by post: Glyphs GmbH, Otto-Bauer-Gasse 24/27, 1060 Wien/Vienna, Austria
  • by e-mail: info@glyphsapp.com

Consequences of revocation

In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued (e.g. interest) shall be released. If you are unable to return the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This may consequently oblige you nonetheless to fulfill the contractual payment obligations for the period up to the revocation. Any obligations to refund payments must be fulfilled within 30 days. The period of notice begins for you with the dispatch of your notice of revocation, for us with the receipt thereof.

Special information

Your right of revocation will expire prematurely if the agreement has been fulfilled by both parties at your express request before you have exercised said right.

End of the instruction on revocation

§ 6 Miscellaneous

  1. The customer may transfer to third parties claims against the vendor only with the prior written consent of the same. § 3 section 4 remains unaffected by this.

  2. The customer may set off only undisputed or res judicata claims.

  3. Amendments and alterations to this agreement must be made in writing. This applies also to changes to, or the waiving of, the written form clause. Electronic documents in text form do not fulfill the terms of the written form clause.

  4. The General Terms and Conditions of the customer do not apply.

  5. The software may be subject to (re-) export restrictions, e.g. imposed by the United States of America or the European Union. The customer shall observe these provisions in the event of resale or any other form of export.

  6. All the annexes named in this agreement are binding and integral parts thereof.

§ 7 Remuneration

  1. The licensee shall pay a license fee in accordance with the applicable fee model.

  2. In the event of late payment, the statutory default rules pursuant to §§ 918 et seq. ABGB shall apply.

§ 8 Place of jurisdiction

All disputes arising from this agreement shall, after a preceding dispute resolution procedure in accordance with the applicable directive, be decided by the court of competent jurisdiction in Vienna, Austria. This also applies to disputes arising after the termination of this agreement. Austrian law shall exclusively apply.

  1. This agreement is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.

  2. The place of jurisdiction is Vienna, Austria.

  3. Should individual provisions of this agreement be invalid, the invalidity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by provisions that come closest to the economic intent.

§ 9 Reporting Obligations

The licensee is encouraged to submit crash reports to the developers in the event of software malfunctions to support continuous improvement of the software.

§ 10 Term and Termination

  1. This agreement takes effect upon the purchase of the license by the licensee and remains in effect for an indefinite period unless otherwise agreed.

  2. The license agreement may be terminated by both parties with a notice period of two months via registered letter to the last known address of the other party.

  3. The licensee has the right to terminate this license agreement within a 14-day notice period, if significant changes are made to the applicable guidelines that affect the licensee.

    1. This termination right is independent of any statutory right of revocation and applies only in the case of substantial guideline changes affecting the licensee.

  4. Upon termination, the licensee is obligated to return all copies of the licensed software and confirm in writing that all installations have been removed.

    1. Intellectual properties gained by the licensee through the usage of the software are exempt.