End User License Agreement, Store Norske Skriftkompani – Baat AS
1. Introduction
1.1. This is a legally binding End User License Agreement (hereafter EULA) between the License Owner (the “End User, “Licensee”, “License Owner”) and Baat AS for the License Owner’s use of Font Software, its source code, letter shapes and outlines. License Owner means the individual or entity bound by the EULA.
1.2. The term “Font Software” is used for “Font”, “Typeface”, “The Software”, “Webfont”. The term “Font Software” includes all versions, modified versions and working copies of the Font Software.
1.3. The License Owner is required to thoroughly read through the complete EULA before purchasing a license for any Baat AS Font Software.
1.4. This EULA is to be regarded as the complete agreement between the parties. All verbal communications, prior or after the License Owner is bound to the terms and conditions, regarding the application of the licensed Font Software are not valid or effective. Any and all rights not expressly granted in this agreement are reserved to Baat AS.
1.5. Any and all users of Font Software of Baat AS is bound to and accepts the terms and conditions in this EULA. By buying, ordering, storing, opening, providing access to or using this Font Software, and/or by opening the packaging containing the Font Software you agree to the Terms and Conditions in this EULA, and understand and accept them accordingly.
1.6. The License Owner is not permitted to access, download, and/or use the Font Software prior to accepting a contractual obligation according to the EULA
1.7. Baat AS reserves the right to modify the EULA.
1.8. The License Owner agrees to inform anyone with whom they share access to the Font Software about the content and conditions of the EULA.
1.9. The License Owner confirms, by placing an order of a Font Software from Baat AS, that it has the full authority, or has been authorised by those to have full authority, to enter into and perform the EULA.
2. Ownership
2.1. Baat AS is the sole owner of copyrights of the Font Software and other intellectual property rights therein. Baat AS only sell and issue licenses to use the Font Software, and does not distribute or sell the copyright of the design or any other ownership rights of the design or Font Software. The Font Software remains and shall forever remain, the property of Baat AS and its successors.
2.2. The License Owner agrees that the design, letter shapes, structure, organisation, source code and encoding of the Font Software, and all its copies, are owned by Baat AS. The Font Software are protected by Norwegian law, by the intellectual property, trademark and design patent laws of Norway, as well as international treaties.
3. Standard License
3.1. The Standard License size is determined by the total size of the License Owner of the Font Software. The number of employees must be reported truthfully upon purchase of the license, in order for the License Owners’ license to be valid. The permitted company size will be stated in the order confirmation. If the company grows, and the number employees exceeds the number stated in the License Owners’ order confirmation, the License Owner is responsible to contact Baat AS and upgrade their License.
3.2. If the License Owner does not upgrade its license to match its number of employees, it voids and annuls the license and any usage right of the Font Software, with immediate effect.
3.3. One Standard License is valid for one single company, business entity, institution only and restricted to business locations stipulated by the License Owner.
3.4. If the licensed company close down, or merge with other business entities, the license and the Font Software cannot be transferred.
3.6. The Font Software provided for a web license are purpose-made webfont WOFF-format, and must be self-hosted on the License Owner’s server. Baat AS webfonts are provided only for self-hosting.
4. License Restrictions
4.1. The Font Software shall not be used to create and publish any form of political campaign, nor any other public use by political parties, political organisations etc. (including branding and/or corporate design purposes for any such organisation or entity) without a prior request and written agreement by Baat AS. Baat AS is entitled to refuse any such agreement at its sole discretion and deny any such licensing request with no obligation to explain the refusal. The absence of any reply from Baat AS is equivalent to a refusal of the request. Non-compliance is treated as a serious breach of contract, regardless of it being done against better knowledge, by neglect, or with intent. Baat AS has the right to terminate the license and right of use, with immediate effect. Baat AS reserves the right to take legal action against any infringer. Legal action may include action for damages, action for an injunction and criminal proceedings. Inquiries must be made to lisens@skriftkompani.no.
6. Third Parties
5.1. The License Owner may share the Font Software to Third Parties if the purpose is for the Third Party to perform graphic design work for the License Owner. The License Owner may not distribute, share, sell, give, lease, resell, loan, trade or provide the Font Software in any other case. Third Parties may not in any way of transfer the Font Software.This also includes, transferring the Font Software as a component of other products.
5.2. The License Owner may not sell, lease, resell, loan, tradeshare, or sublease the Font Software to any other individual or Third Party. Baat AS only provides Font Software Licensing directly to License Owners. Baat AS Font Software licenses can not be sold or bought through intermediaries or resellers.
5.3. Agencies, companies and individuals sourcing and ordering Licenses on behalf of their clients are fully responsible for the communication to Baat AS of complete and accurate user parameters of their client’s intended use of the Font Software. They must also fully comply with the requirements of Baat AS in any respect. The contractual relationship is formed strictly between Baat AS and the actual License Owner. But procuring parties will be held liable for any non-contractual use by their clients.
6. Handling of Data
6.1. The License Owner may not itself or through third parties reproduce, adapt, recast, translate, alter, modify, extend, rename or otherwise alter the Font Software, or create derivative software using any data contained within the Font Software. The License Owner may not reverse engineer, decompile, decrypt, disassemble, regenerate, or reformat the Font Software in any way, nor seek to reveal the source code of the Font Software.
6.2. The License Owner may not itself or through third parties add additional characters, symbols, glyphs, weights, italics, bolds, cuts, versions of other writing systems (including but not limited to Cyrillic, Greek, Hebrew etc.) or anything of the like to the, or complimenting the Font Software. Nor to make any such extensions using the Font Software, or any of its parts.
6.3. If the License Owner wishes or intends to make modifications of the Font Software, consent and permission has to be obtained in writing from Baat AS. Baat AS is under no obligation to allow such rights. Non-compliance with this provision voids any and all support rights and warranties granted by Baat AS and represents a violation and breach of this EULA and may lead to criminal prosecution.
6.4. If anyone modify the Font Software, despite the prohibition, Baat AS becomes the owner of that modified data. Any rights, including but not limited to copyrights and trademarks, remain with Baat AS. Any expansion or derivatives of the Font Software created by Baat AS must be done or authorised by Baat AS.
6.5. The License Owner is permitted to make backup copies of the Font Software, for the exclusive purpose of data security only. The License Owner is responsible to prevent unauthorised access, and of the use of the backup copies of the Font Software.
6.6. The License Owner must ensure to undertake all necessary steps to prevent unauthorised access to the Font Software.
7. Misuse, Unlawful Use
7.1. Use of Baat AS Font Software without valid and/or adequate licensing is illegal.
7.2. Baat AS reserves the right to take legal action against any infringer. Legal action may include action for damages, action for an injunction and criminal proceedings.
7.3. Any infringer (including agencies, companies or individuals acting on behalf of a company) is abliged to pay Baat AS a retroactive License, priced at least 200% of the actual License fee adequate to the illegitimate use.
7.4. Depending on the nature of an offence/violation, and the degree of cooperation in solving the situation with Baat AS, further charges may be added for time spent by Baat AS handling the violation, legal expenses, and to recover damages.
8. Liability and Indemnification
8.1. The Font Software may not be used in any manner or in combination with material that is deemed offensive or punishable by Norwegian or international law.
8.2. The License Owner acknowledges that any use of Baat AS Font Software that may result in harm, injury, death, property or environmental damages is not permitted. This includes without limitation any direct, indirect, incidental and consequential damages.
8.3. Baat AS shall have no liability for any loss or damages caused by the use of their Font Software, including lost profits, lost data, damage to programs or data media, lost savings, or lost business opportunities.
8.4. The License Owner acknowledges that the Font Software are delivered “as is”, and that Baat AS does not provide any warranty or guarantee as to the suitability of the Font Software for any particular purpose.
8.5. The Font Software is not warranted to operate on all computer operating systems. Baat AS is not responsible for inoperability faults or operating system errors. The License Owner needs to provide suitable software and hardware to operate the Font Software, as Baat AS does not supply any such tools.
8.6. In no event is Baat AS liable for any damages sustained by the License Owner arising from the use, or the inability to use, the Font Software.
8.7. The License Owner shall indemnify and hold harmless Baat AS from any and all Third Party claims.
8.8. Where liability cannot be wholly excluded due to binding legal provisions, in so far as legally feasible, it will be limited to compensation for direct damages up to a maximum of the License Fee prepaid by the License Owner in the affected License.
8.9. The limitations of liability mentioned above, also apply to the benefit of Baat AS’s employees. Any liability of Baat AS’s employees is excluded.
9. Termination
9.1. Any use of the Font Software, other than what is stated in this EULA, will be construed as breach of contract.
9.2. The License Owner’s breach of contract immediately voids and annuls the license and any usage right of the Font Software, with immediate effect.
9.3. Upon termination, the License Owner must delete all copies of the Font Software. This must be documented upon request of Baat AS.
9.4. If the EULA is terminated due to License Owner’s breach of terms, the license fee will under no circumstance be reimbursed.
9.5. The invalidity or inoperativeness of one or more provisions of this EULA shall not affect the validity of the rest of the provisions of the agreement. The remaining other provisions shall remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision.
10. Law and Jurisdiction
10.1. Any dispute arising from this EULA is governed by the law of Norway. Place of jurisdiction is Oslo, Norway.
10.2. The License Owner consents to the jurisdiction of the Norwegian Courts over any dispute arising out of this EULA, even if the breach of the agreement takes place in a foreign country.
10.3. This agreement is not governed by the “United Nation Convention on Contracts for the International Sale of Goods.” (Vienna 1980), nor the Law applicable to International Sales of Goods (Den Haag 1955).
This EULA is published by Baat AS. If you have any questions, please use the contact information provided below.
Contact
lisens@skriftkompani.no
skriftkompani.no
Store Norske Skriftkompani
Baat AS
Nylenda 14
6104 Volda
Norway
© 2021