Applicability: This License Agreement (“Agreement”) states the terms and conditions of your (“Licensee”) non-exclusive and limited copyright license with respect to the font software (“Font Software”) and any other Licensed Assets (defined hereinafter) made available on @reveryworks.com by ReveryWorks and purchased by Licensee for the Permitted Use to enable the Licensee to install Font Software on its computer and use the Font Software for the specific End Products permitted below during the Term and in the Territory (as each capitalized term is defined below).
The “Licensed Asset” means the Font Software and any related instructions, which generate typeface and typographic designs and ornaments when used on an appropriate device; and includes all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Licensee shall upon payment of applicable fees, receive an order summary along with a link to download the Licensed Asset. Licensee should retain this for its records. This License Agreement may also apply to digital content that ReveryWorks makes available at no charge (e.g., for promotional purposes) only if expressly indicated during the initial download for that digital content, in which case, such digital content shall be deemed included in the Licensed Asset.
This License Agreement expressly prohibits all embedding of the Licensed Asset, with the sole limited exception of Limited Embedding (as defined below). “Embedding” a font means to include the Font Software in a file (app, website, e-book, etc.) which then may be used by the person receiving or accessing the file to generate non-static images (of the font character), as opposed to a static rasterized (or bit-mapped) image of the font characters on their own. For example, this License Agreement prohibits embedding a font file from the Licensed Asset in a website’s code or in an e-book. However, including static, rasterized (or bit-mapped) images (of the font character) created by the Licensed Asset is not considered embedding the Licensed Asset and is permitted if otherwise allowed by this License Agreement (i.e., a Permitted Use, as defined below). ReveryWorks offers separate licenses that allow for embedded (non-static) use in mobile apps, websites, servers, digital broadcasting, and e-publications (all of which uses are outside of the scope of this License Agreement). For more information, please contact firstname.lastname@example.org.
- PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
This License Agreement is an agreement between:
- The “Licensee” who is the individual person indicated as the licensee during the purchase process or, if an individual person is purchasing on behalf of an employer, then only such employer is the “Licensee” and can use the Licensed Asset subject to the terms and conditions of this License Agreement; and
- “ReveryWorks”, which term includes its proprietor, employees, agents and contractors, on behalf of Maryam Kamal, as licensor.
- If an individual person is purchasing the license on behalf of an employer, such individual person represents and warrants that such individual person has full legal authority to bind such employer, as the Licensee, to the terms and conditions of this License Agreement.
- Licensed Seats. The number of individual users who are employees of the Licensee or its permitted sublicensees (pursuant to Section 7) permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
- ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a server owned, leased, or otherwise controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.
Licensee shall defend, indemnify and hold harmless ReveryWorks form and against all claims (direct and indirect) and reimburse Revery Works for all reasonable costs of defense and litigation, arising out of a breach of the obligations set forth in this Section 2.
- COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits Non-commercial Use (as defined below) and/or Commercial Use (as defined below) of the Licensed Asset by the Licensee to create End Products (as defined below), as expressly specified in Section 4 (Permitted Uses) during the Term on a worldwide basis, except as indicated in the purchase or download process or where prohibited by any law, rule, or regulation (“Territory”).
- “Commercial” is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.
- “Non-Commercial Use” is any use that does not meet the definition of “Commercial Use”.
- Notwithstanding anything to the contrary contained herein, Licensee’s (a) Commercial use of the Licensed Asset, which exceeds a limit of 5000 lifetime sales, and (b) additional licenses not specifically granted herein towards any Licensed Asset shall be subject to the terms of the Extended Commercial License, that may be availed by the Licensee at the discretion of the Licensor.
- PERMITTED USES
Licensee is granted the limited and non-exclusive license to install the Licensed Asset on a computer and use the Licensed Asset to create End Products solely in connection with the following Permitted Uses during the Term in the Territory in compliance with the terms and conditions herein. A “Permitted Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below in this Section 4:
- End Products
- Physical Products: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. provided that one or more individual characters of the Licensed Asset is not used as a distinct item (for example, Licensee may not use individual characters of the Licensed Asset font to create stickers or stamps where each sticker or stamp consists primarily of a separate character of the Licensed Asset, however Licensee may use multiple characters of the Licensed Asset in a single distinct item, such as a stamp or sticker that says “Welcome” using the characters of the Licensed Asset). Use of the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form is permitted with printable technologies to produce physical products only if the Licensed Asset font software is not installed on the printable technology device (e.g., 3D printer).
- Product Packaging: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc.
- Digital Products: Licensee may create digital end products (mobile or desktop applications, websites, or video games) solely in a non-embedded, static, rasterized (bitmap) form for resale; such permitted digital end products include use as static designs and static website elements, provided that one or more individual characters of the Licensed Asset may not used as a distinct item (for example, Licensee may not use individual characters of the Licensed Asset font to create digital stickers or embroidery machine templates where each sticker or template consists primarily of a separate character of the Licensed Asset, however Licensee may use multiple characters of the Licensed Asset in a single distinct item, such as a digital stamp or embroidery template that says “Welcome” using the characters of the Licensed Asset).
- For each of the above, an “End Product”, Licensee is granted the limited and non-exclusive license to embed the Licensed Asset font software solely in connection with the following uses during the term (“Limited Embedding”):
- the Non- Commercial use of an electronic document (e.g. Adobe PDF, Microsoft PowerPoint, Microsoft Word) End Products that is distributed in a format that does not allow the recipient to extract the Licensed Asset font software or, unless the recipient is also licensed hereunder (i.e., has a licensed seat under this Licensed Agreement), use the Licensed Asset font software to edit the document.
- PROHIBITED USES UNDER THIS LICENSE AGREEMENT.
For clarity and without expanding the Permitted Uses, the following are expressly prohibited in this License Agreement. (ReveryWorks offers separate licenses that allow for embedded or “non-static” use in mobile apps, websites, servers, digital broadcasting, and e-publications. For more information, please contact email@example.com
- End Products
- This License Agreement expressly prohibits all “non-static” embedding in End Products. As stated above, “non-static” embedding a font means to include the Licensed Asset in a file (app, website, e-book, etc.) to be used by the person receiving or accessing the file, as opposed to a static rasterized (or bit-mapped) image of the font characters. For example, this License Agreement prohibits embedding a font file from the Licensed Asset in a website’s code or in an e-book. However, embedding static, rasterized (or bit-mapped) images (of the font character) created by the Licensed Asset is not considered embedding the font Licensed Asset and is permitted if otherwise allowed by this License Agreement.
- On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user or customer of Licensee, to customize a digital or physical end product using the Licensed Asset is prohibited, whether for Commercial Use or Non-commercial Use. This prohibition covers, but is not limited to, “print on demand”, “made to order”, or “download on demand” applications.
- Digital Development- Embedding in a Website, Mobile App, Desktop Application, and Video Game is prohibited for Commercial use and Non-commercial use.
- Trademark : Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless the Licensed Asset is not the predominant element of the End Use. In no event does this License Agreement allow Licensee to, and Licensee shall not seek to register, protect, or enforce any trademark or similar rights in the Licensed Asset itself or components thereof, which must be disclaimed in any trademark registration. Please contact firstname.lastname@example.org for a custom license if these rights are desired.
- Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
- STRICTLY PROHIBITED USES
Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
- Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template) is strictly prohibited.
- Modifications, amendments, and any other changes to the Licensed Asset are strictly prohibited.
- Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or instructions of the Licensed Asset is strictly prohibited, except to the extent applicable law allows reverse engineering or decompiling the Licensed Asset only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by ReveryWorks upon written request.)
- Use of the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset in a manner that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that Licensee does not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that Licensee knows or should know is not correct and current; or
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
- Use of the Licensed Asset in violation of any law, rules, or regulations is strictly prohibited, including export and embargo laws.
- Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
- SUBLICENSING TO THIRD PARTIES
- Third Party Use Requires Separate License– Any use of the Licensed Asset by a third party is prohibited and requires the third party to obtain its own license, unless a custom license is purchased. This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
- Limited Sublicensing Is Permitted– Licensee may sublicense Licensee’s rights to third parties solely under the following circumstances, in each case the Licensee shall be obligated that the following circumstances apply, failing which any such use shall constitute material breach by Licensee:
- to manufacture, market, develop, or distribute completed End Products that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing, or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance;
- to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
- to an end user where Licensee grants to that end user a right to access a completed End Product (defined above, such as a completed advertisement, product, or product packaging) (as expressly allowed herein). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing, or using the Licensed Asset in any way other than is necessary in order to exploit the End Product that Licensee provides to the end user. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
All Editorial Use (as defined below) requires a credit; however for Non-Editorial Use (as defined below) a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits. “Editorial Use” means use relating to events, information, commentary and analyses that are newsworthy, a matter of public concern, or of general interest to the public. “Non-Editorial Use” means any commercial, promotional, advertorial, endorsement, advertising, or merchandising use.
How to provide credit: “[Licensed asset product type] copyright [Maryam Kamal] via “ReveryWorks”.
- General Provisions
- Intellectual Property– All digital content available on @reveryworks.com ,including, without limitation, the Licensed Asset, is protected by applicable laws of copyright existing in Oman, the United States and international copyright and other laws and treaties. As between ReveryWorks and Licensee, ReveryWorks retains complete ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright license to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee, and ReveryWorks are reserved by ReveryWorks. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title, or interest in and to the Licensed Asset itself or any component thereof. This License Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) or industrial property rights in the Licensed Asset.
- Term and Termination
- If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately and automatically terminate, and in that event, upon ReveryWorks’s request, Licensee agrees to remove any content from such platform or website. In the event of any termination or expiration, the provisions of Section 9 shall survive.
- Content withdrawal – ReveryWorks may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from ReveryWorks, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, ReveryWorks may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s sublicensees do likewise. To the extent that such infringement is solely caused by ReveryWorks, it will provide Licensee with replacement content (determined by ReveryWorks in its reasonable commercial judgment) free of charge, as its sole obligation and Licensee’s sole remedy, subject to the other terms of this License Agreement.
- Audit – Upon reasonable notice, Licensee agrees to provide to ReveryWorks sample copies of End Products and any other uses that contain the Licensed Asset, including by providing ReveryWorks with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, ReveryWorks may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to ReveryWorks of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying ReveryWorks the amount of the underpayment and any other remedies to which ReveryWorks is entitled, Licensee also agrees to reimburse ReveryWorks for the costs of conducting the audit as well as overcharges.
- Disclaimer of Warranties
LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK AND LIABILITY. THE LICENSED ASSET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REVERYWORKS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
- IN NO EVENT WILL REVERYWORKS, ITS PROPRIETORS, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR NON-DIRECT DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, LICENSEE’S OR ITS END USERS’ USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- IN NO EVENT WILL THE ENTIRE LIABILITY OF REVERYWORKS, ITS PROPRIETORS, AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE PROPRIETORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FOR DIRECT DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, LICENSEE’S OR ITS END USERS’ USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID REVERYWORKS FOR THE AFFECTED LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification– Licensee agrees to defend, indemnify, and hold harmless ReveryWorks, its proprietors, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) or any of its End User’s (i) violation of Sections 5,6,7 and 8 of this License Agreement, (ii) use of the Licensed Asset in violation of any law, rules, or regulations, or (iii) use of the Licensed Asset in violation of third party rights where such violation is due to the modification, adaptation, alteration, translation, conversion, or other change of the Licensed Asset.
- Limitation on Time to File Claims– TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Choice of Law and Forum– All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Oman. Any legal suit, action, or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of Oman, although we retain the right to bring any suit, action, or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
- Arbitration– at every reverywork’ sole discretion, except to the extent prohibited by law, ReveryWorks may require licensee to submit any disputes arising from the use of the licensed asset and this license agreement, including, without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration set forth by law of arbitration in civil and commercial disputes (the arbitration law), as amended by oman sultani decree 03/2007 or as applicable.
- Waiver and Severability– No waiver by ReveryWorks of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ReveryWorks to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision. If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement will continue in full force and effect.
- Notices– All notices required to be sent to ReveryWorks under this License Agreement should be sent via email to email@example.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
- Modifications– ReveryWorks may modify this License Agreement by posting an updated version on the Platform . The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) ReveryWorks notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
Interpretation– Unless the context requires otherwise, in any part of this License Agreement: (i) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to” and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.