TERMS AND CONDITIONS
By placing an order on Avantype’s website, and clicking the “buy” button; a buyer acknowledges that he has read all terms of this document, And he agrees to comply with AvanType conditions as these terms are defined below.
This agreement clarifies, among other things, the “Product” rights qualifications for a Licensee in respect to Copyrights and Design Laws.
Mostly the “Fonts” which are digitally encoded files as machine readable; outline design of the typeface data as provided in a special format.
TrueType® or OpenType®
OTF compatible with Apple Mac systems
TTF compatible with Microsoft Windows systems
WOFF, WOFF2, EOT Display formats for web browsers.
Habib Nabeeh Khoury is the creator and designer of the Fonts and he owns the copyrights of the Products.
AvanType-USA is the sole distributor of fonts by Habib Khoury.
Is the Licensee that has acquired the rights to use the products of AvanType; A customer can be individual, company, association or employer. This should be clarified; The right of use and commitment to this Authorization Agreement applies to Customer employees, End-users that are related to the Licensee who have access to the Products of AvanType.
Payment for a license constitutes the right to use relevant styles weights and Formats of the relevant Products in accordance with the license ordered by the customer; Payment is not a purchase or transfer of creator rights to the customer!
The design of the letter shapes as a graphic definition of the fonts, which have been digitized and adapted into a font as digital files, adapted with programming code for the use with computer systems; including the sketches, process of creation, innovative resolutions and their vector structure, are copyright reserved of the Creator and are associated with the trademark “AvanType”. Any illegal use of the style / weight of a particular font is a violation of the copyright law, and if the font is marketed as part of a package, then the violation is for the whole font package that is associated with it. Any breach of the terms of this Agreement is considered to be a violation of both the creator and the distributor.
The complex and the computers used by the customer at the same site / room / studio / office. The number of computers where the customer wants to install the product in a particular work area defines the appropriate license type. The client may not install the product on a server or network (intranet), by creating a virtual work site shared by multiple sites, or in partnership with another customer. Installation of the product on laptop systems is the number of systems permitted by each type of license. (The term is not relevant to WEB licenses)
AvanType issues four different kinds of licenses based on the clients needs, the number of workstations/Applications
A license granted to one customer for non-Exclusive use in one work location, where fonts can be installed in no more than 3 computer stations.
Multi User License:
License granted to one customer for non-Exclusive use and installation of fonts in 4 or more CPUs or computer stations, in one workplace.
Web & App License:
A license granted to a website owner or an App developer for the purpose of embedding fonts as live text on a website or inside an App. Each license is issued for a single Domain/ app.
Customers who have purchased a multiuser license or a single license are not entitle to use the fonts in another website/app. A license must be purchased separately for each website/app.
This license is issued to customers interested in special orders of custom designed typefaces, specifically for their communication and corporate needs. Also, customers who are interested to get sole usage rights for one of our upcoming “Exclusive Collection” (typefaces that are not and won’t be sold to other customers under any non-exclusive license.)
If a Licensee/Customer do not wish to be bound by such terms and conditions, he cannot use the “Products” nor permit anyone else to use or install them.
The Customer undertakes to choose the type of license that is suitable for him of the above types, and to pay for the product (font packages) he chooses. The receipt of any actual payment constitutes a consideration for the Licensed Product. The creator / Distributor undertakes to supply the products by sending an email or providing a link to download the Product from the Internet with 12 hours after getting the transferred payment affirmation.
It is agreed in advance that the Customer or his employees are aware prior to purchasing the type of font, format and Product style chosen.
By receiving the Products, the customer undertakes not to sell, not to rent, not to change: name / identity / format, their form, design or style. The Customer commits not to give/reproduce/ distribute/resell the products!
A transfer of the Product from the Customer’s workplace to suppliers/clients locations is prohibited.
The Customer undertakes after the receipt of the Product (downloading to the computer or any other device) that there is no return or cancellation of the transaction, it should be noted that the Consumer Protection Laws do not apply to the product in terms of digital products.
Any sort of the issued licenses by AvanType is granted to only one customer (depending on the kind of license required), It does not allow sharing the usage rights with another end-user or third party customer. The customer has no right to give the Product or transfer the license to a third party.
The Customer agrees that the Product which is a digitally encoded, machine readable, outline design of the typeface data as programmed in a special format… and its structure which includes computer programs, its name and the documentation, are protected by copyrights laws . It is not allowed after purchasing to sell, rent, lease, sublicense, modify, give, lend, adapt, translate, reverse engineer, decompose, disassemble, alter, or otherwise attempt to discover the source code. It is not allowed to copy the documentation, reproduce or distribute the Product in whole or in part.
LIMITED WARRANTY /Disclaimer:
This Agreement does not grant any intellectual property rights in the Products, or their associated trademarks.
The product is provided to the customer “as is”, any requirement on the part of the customer to adapt the product, addition or change in the design elements or format to certain systems or performance, is not within the scope of the service and / or responsibility of the creator. For such requests, the creator issues a separate price quotation to the customer; hence has no guarantee that the products will not conflict with other third party products that the customer has installed on his system.
Without derogating from the fore said, it is hereby clarified that the Creator and The Distributor are exempt from any liability, either directly or indirectly, due to the Customer’s use of the product; And the Creator is exempt from any claim regarding loss and / or dissatisfaction and / or delay and / or non-compliance and / or loss of a project. The creator and reseller do not guarantee full or partial compatibility of product functions with any software the customer chooses.
The Products are provided “as is” without warranty of any kind, expressed or implied, whilst AvanType specifically disclaims the warranties of fitness for a particular purpose and merchantability. In addition, AvanType does not make any representations regarding the use or the results of third part Software usage in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as a result of the Product performance is assumed by the Customer.
AvanType makes no warranties, express or implied for a period of 14 days after delivery. The warranties of fitness for a particular purpose and application are specifically excluded. AvanType does not warrant that the Products are free from all errors and omissions. If a Customer requires or desire greater protection or rights, he may notify AvanType and make additional payments for this purpose in amounts to be discussed with AvanType.
AvanType’s cumulative liability for any loss or damage relating to this agreement shall not exceed the purchase price that you paid for the license. AvanType will not be liable for incidental or consequential damages such as lost profits, or lost data, or any damages caused by the abuse or misapplication of the Products.
A customer who has acquired a license for one or more styles / weights from a defined font family and / or a package of fonts does not get an authorization to use other styles or weights of the same font family and / or the other fonts marketed under a package.
The Customer and / or his employees agree that the font is the property of AvanType and carries the rights of the Creator.
The creator periodically saves himself to update, improvements, to add new formats, new design styles and / or weights for a products.
The above does not mean that the Customer receives a retroactive license for the Products; namely font weights / styles that complement the family in the future, and / or added to a certain font family after the customer purchases the license.
The above does not guarantee to provide the customer with free version updates, and the matter is at the discretion of the distributor.
The creator, together with the reseller, shall be entitled to update the terms of this agreement from time to time.
AvanType is a Registered Trademark for Habib Khoury.
All other Tradmarks and names are registered for their Owners.
® © Design Copyrights: Habib Khoury