Bionic Reading® Font Converter Software License Agreement

Bionic Reading AG
Masanserstrasse 194
CH-7000 Chur
Switzerland
bionic-reading.com

This License Agreement (“Agreement”) governs the provision by BIONIC READING AG, Masanserstrasse 194, CH-7000 Chur, Switzerland (“BIONIC READING®”) of the BIONIC READING® Font Converter software and of the BIONIC READING® Method as an OpenType feature in a font file generated with that software, and the use of both by the Licensee.

This Agreement is intended for End User/B2C use. It covers Licensee’s own use of the Generated Font Software, including professional and business use by Licensee. It does not cover passing the Generated Font Software on to third parties, sublicensing, use in products or services supplied to third parties, or app, game, ePub, server, SaaS, ads, hardware, firmware, embedded or enterprise licensing. These require a separate license from Bionic Reading AG.

All conversion takes place on the Licensee’s own device. Bionic Reading AG does not receive, store or process the Original Font. See Section 3.

1. GENERAL LICENSE TERMS
1.1. This Agreement is a legally valid contract between you as Licensee and BIONIC READING®. It governs your permitted use of (a) the BIONIC READING® Font Converter software and (b) the BIONIC READING® Method as an OpenType feature in the font software generated with it. This Agreement, as amended from time to time, is available at any time on the BIONIC READING® website at bionic-reading.com.

1.2. The BIONIC READING® Font Converter allows Licensee to select an original font on Licensee’s own device and to generate a new font file in which the BIONIC READING® Method is implemented as an OpenType feature. BIONIC READING® licenses the BIONIC READING® Method, the BIONIC READING®-specific implementation and the Converter Software, not the original font selected by Licensee.

1.3. By downloading, installing or using the Converter Software or the Generated Font Software, Licensee accepts this Agreement and the Privacy Statement referred to in Section 16, and confirms that Licensee has the necessary rights to process, convert and use the Original Font.

1.4. If Licensee does not agree with this Agreement, Licensee may not download, install or use the Converter Software or the Generated Font Software.

1.5. BIONIC READING® may update or amend this Agreement for future purchases. The version applicable to a specific purchase is the version available on the BIONIC READING® website at the time of purchase, unless mandatory law provides otherwise.

1.6. Section headings are for convenience only and do not affect the interpretation of this Agreement.

2. DEFINITIONS
2.1. “BIONIC READING® Method” means the reading method, logic, structure, OpenType feature implementation, fixation logic and related BIONIC READING® technology provided by Bionic Reading AG.

2.2. “Converter Software” means the BIONIC READING® Font Converter application supplied to Licensee, including its executable programs, protected engine components, libraries, resources, accompanying documentation and any updates supplied to Licensee.

2.3. “Original Font” means the font file that Licensee selects for processing with the Converter Software. The Original Font may belong to a font designer, type foundry, publisher, right holder, Licensee or another third party. The Original Font is not owned or licensed by Bionic Reading AG unless expressly stated otherwise in a separate written agreement.

2.4. “Generated Font Software” means the font file created by the Converter Software from the Original Font and containing the BIONIC READING® Method as an OpenType feature.

2.5. “Generated Font Product” means one fixation level (F1, F2, F3, F4 or F5) of one font family, in all file formats included in the download package. Five fixation levels of one font family constitute five Generated Font Products, irrespective of the number of individual files. The number of Generated Font Products covered by a purchase is stated in the License Certificate or the invoice.

2.6. “End User License” means the license granted under this Agreement for Licensee’s Own Use of the number of Generated Font Products and the file formats stated in the License Certificate or the invoice.

2.7. “Own Use” means use of the Generated Font Software by Licensee, and by Licensee’s employees on devices owned or controlled by Licensee, for Licensee’s own documents, correspondence, presentations, publications, products and services. Own Use expressly includes professional, freelance, business and institutional purposes. Own Use does not include passing the Generated Font Software itself on to any third party, sublicensing it, or embedding it in a product or service in a manner that allows a third party to use, extract or further process the Generated Font Software.

2.8. “Technical Protection Measures” means any technical measure applied by Bionic Reading AG to protect the Converter Software or the BIONIC READING® Method, including code signing, encryption, obfuscation, integrity verification and access control between program components.

2.9. “Third-Party Components” means software components of third parties distributed together with the Converter Software under their own license terms, as listed in the file “Third-Party Licenses” supplied with the Converter Software.

2.10. “Desktop Formats” means the file formats .ttf and .otf. “Web Formats” means the file formats .woff and .woff2. Licensee may license individual file formats or any combination of them. The file formats licensed to Licensee are stated in the License Certificate or the invoice. Each file format is licensed separately; licensing a Web Format additionally confers the scope of use set out in Section 8.4.

3. LOCAL PROCESSING – NO TRANSMISSION OF THE ORIGINAL FONT
3.1. The Converter Software runs entirely on Licensee’s own device. The selection of the Original Font, its analysis, the application of the BIONIC READING® Method and the generation of the Generated Font Software all take place locally on that device.

3.2. Bionic Reading AG does not receive, transmit, store, copy, reproduce, modify or otherwise process the Original Font, and has no access to it at any time. Bionic Reading AG has no knowledge of which Original Font Licensee processes.

3.3. Licensee alone selects the Original Font and alone determines whether the Original Font may be processed. Any reproduction, adaptation or modification of the Original Font occurring in the course of using the Converter Software is carried out by Licensee on Licensee’s own device and is attributable to Licensee alone.

3.4. Sections 3.1 to 3.3 describe the design of the B2C desktop version of the Converter Software. If Bionic Reading AG offers a version in which processing takes place on servers of Bionic Reading AG, that version is governed by separate terms provided with it.

4. RESPECT FOR FONT DESIGNERS AND THIRD-PARTY FONT RIGHTS
4.1. BIONIC READING® respects the work, craft, creativity and intellectual property of font designers, type foundries, publishers and other font right holders. The BIONIC READING® Font Converter is not intended to copy, replace, damage, devalue or misappropriate the work of font designers or foundries.

4.2. The purpose of the BIONIC READING® Font Converter is to make the wonderful world of professionally designed typefaces more accessible to user groups with reading difficulties, by allowing the BIONIC READING® Method to be implemented in fonts for which Licensee has sufficient rights.

4.3. BIONIC READING® does not grant any rights to the Original Font. Licensee remains solely responsible for ensuring that the license terms of the Original Font allow processing, conversion, modification, derivation, renaming, embedding, export and use in the intended way.

4.4. If the license of the Original Font prohibits modification, conversion, derivative works, renaming, embedding or redistribution, Licensee may not use the BIONIC READING® Font Converter with that Original Font unless Licensee has obtained separate permission from the relevant right holder.

4.5. Bionic Reading AG has no contractual, corporate or other relationship with the right holders of the Original Font unless expressly agreed in writing. Nothing in this Agreement and nothing in the Generated Font Software constitutes an endorsement, approval, certification or sponsorship of the Converter Software, the BIONIC READING® Method or the Generated Font Software by the right holder of the Original Font.

5. NAMES, TRADEMARKS AND RENAMING
5.1. Names, family names, style names, trademarks, logos and other distinctive signs of the Original Font and of its right holders remain the property of those right holders. This Agreement grants Licensee no rights whatsoever in them.

5.2. The Converter Software may derive the name of the Generated Font Software from the name of the Original Font so that it remains recognisable to Licensee. Such derivation is a technical convenience and grants no right to use the name or trademark of the Original Font.

5.3. Many font licenses require that a modified font be given a name different from that of the Original Font, and some reserve specific names for the unmodified original (a “reserved font name”). Other licenses prohibit modification entirely.

5.4. Licensee is solely responsible for ensuring that the name of the Generated Font Software complies with the license terms of the Original Font. Where those terms require a different name, Licensee must rename the Generated Font Software accordingly before using it. The Converter Software provides a function for this purpose.

5.5. Licensee may not use the Generated Font Software in a manner suggesting that it originates from, is authorised by, or is associated with the right holder of the Original Font.

5.6. BIONIC READING, BIONIC READING® and the associated signs are trademarks of BRCG Casutt GmbH. Licensee may use them only to designate the Generated Font Software as containing the BIONIC READING® Method, and in no other way.

6. LICENSE FOR THE CONVERTER SOFTWARE
6.1. Subject to this Agreement, BIONIC READING® grants Licensee a non-exclusive, non-transferable, non-sublicensable right to install and use the Converter Software on devices owned or controlled by Licensee, for the purpose of generating Generated Font Software within the scope of the End User License.

6.2. The license to the Converter Software is separate from the End User License in the Generated Font Software. Neither license extends the scope of the other.

6.3. Licensee may not sell, resell, rent, lease, lend, sublicense, publish, distribute, make available, transfer, host or otherwise provide the Converter Software or any part of it to any third party.

6.4. Licensee may not make the Converter Software available for use by third parties, whether as a service, over a network or otherwise, and may not use it to generate font software for third parties.

6.5. Licensee may make one backup copy of the Converter Software for Licensee’s own archival purposes. That copy remains subject to this Agreement.

6.6. Licensee may not modify, adapt, translate or create derivative works of the Converter Software, and may not reverse engineer, decompile or disassemble it, except to the extent that mandatory law expressly permits such activity notwithstanding this restriction.

7. TECHNICAL PROTECTION MEASURES
7.1. The Converter Software is protected by Technical Protection Measures.

7.2. Licensee may not circumvent, remove, deactivate, bypass, tamper with or impair any Technical Protection Measure, and may not offer, manufacture, import, distribute, sell, rent, advertise or provide any device, product, component or service for that purpose.

7.3. Licensee may not extract, isolate, reconstruct or attempt to obtain the BIONIC READING® Method, the fixation rules, the protected engine, any key material or any other protected component from the Converter Software.

7.4. Sections 7.2 and 7.3 apply except to the extent that mandatory law expressly permits an act notwithstanding these restrictions. The circumvention of effective technical measures is additionally prohibited by law, in particular by Article 39a of the Swiss Copyright Act.

8. GRANT OF END USER LICENSE
8.1. After Licensee has accepted this Agreement and paid the applicable license fee, BIONIC READING® grants Licensee a non-exclusive, non-transferable, non-sublicensable right to use the BIONIC READING® Method as an OpenType feature in the Generated Font Software within the scope of this End User License.

8.2. The End User License allows Licensee to install and use the Generated Font Software on devices owned or controlled by Licensee for Licensee’s Own Use, including professional and business purposes.

8.3. The End User License allows Licensee to use the Generated Font Software in documents, notes, reading environments, correspondence, presentations, publications and common desktop applications, provided that such use remains within Own Use and does not allow extraction or redistribution of the Generated Font Software.

8.4. The download package contains only the file formats licensed to Licensee. The Desktop Formats (.ttf, .otf) cover Own Use on devices, in documents, in reading applications and in e-book readers. Where Licensee has licensed at least one Web Format (.woff, .woff2), the End User License additionally covers Own Use of the Generated Font Software on websites operated by Licensee, by way of @font-face, provided that the Generated Font Software is served only from a location under Licensee’s control and is not offered for download. The Web Formats do not extend to the uses excluded by Section 9.3.

8.5. The number of Generated Font Products and the file formats covered by the End User License are stated in the License Certificate or the invoice. Generating further Generated Font Products, or using a file format that was not licensed, requires a further license.

9. RESTRICTIONS
9.1. Licensee may not sell, resell, rent, lease, lend, sublicense, publish, upload, share, distribute, make available, transfer or otherwise provide the Generated Font Software to any third party.

9.2. Licensee may not pass the Generated Font Software on to third parties, and may not use it in a way that allows a third party to use, extract or further process it. This applies in particular to client work, brand systems and corporate design delivered to third parties: Licensee may use the Generated Font Software to produce such work, but may not supply the Generated Font Software itself to the client or to any other third party.

9.3. The End User License does not permit app use, game use, ePub/book use, server use, SaaS use, ads use, hardware use, firmware use, embedded use or enterprise use. Web use and @font-face use are permitted only where Licensee has licensed at least one Web Format, and then only as set out in Section 8.4; where only Desktop Formats are licensed, web use is not permitted.

9.4. Licensee may not remove, obscure or alter BIONIC READING® names, notices, license metadata, license identifiers, copyright notices or trademark notices contained in the Generated Font Software, the Converter Software or accompanying documents.

9.5. Licensee may not reverse engineer, decompile, disassemble or attempt to extract the BIONIC READING® Method, OpenType logic, fixation logic or other proprietary BIONIC READING® implementation from the Generated Font Software, except to the extent mandatory law expressly permits such activity.

9.6. Licensee may not use the Converter Software or the Generated Font Software in a manner that infringes the rights of third parties or violates applicable law.

10. ORIGINAL FONT RIGHTS AND LICENSEE RESPONSIBILITY
10.1. Licensee represents and warrants that Licensee has all rights, permissions and licenses required to process the Original Font with the Converter Software and to create, download, install and use the Generated Font Software.

10.2. Licensee is solely responsible for claims, damages, costs and liabilities arising from Licensee’s lack of rights in the Original Font or from Licensee’s breach of the Original Font license.

10.3. BIONIC READING® is not responsible for checking, validating or guaranteeing Licensee’s rights in the Original Font.

10.4. If the license under which Licensee holds the Original Font expires, is terminated or is withdrawn, Licensee must stop using the Generated Font Software derived from that Original Font and delete all copies of it, unless Licensee obtains a new license permitting continued use.

10.5. Licensee shall retain the License Certificate and evidence of Licensee’s license in the Original Font for as long as Licensee uses the Generated Font Software.

11. DOWNLOAD PACKAGE, CERTIFICATE AND INVOICE
11.1. The download package contains the Generated Font Software, a License Certificate and an invoice. The License Certificate is included in the language Licensee has selected at the time of download. This Agreement is not part of the download package; it is presented to Licensee for acceptance during the purchase process and is available at any time on the BIONIC READING® website. If the invoice is not yet available at the time of download, it will follow: it is added to the download package as soon as it becomes available and is provided to Licensee with a renewed download.

11.2. The License Certificate states the product, licensee, license number, license type, licensed value, file formats and date of issue. The License Certificate is not a tax receipt or invoice.

11.3. The invoice originates from the payment provider Stripe (stripe.com) and is included in the download package; if it is not yet available at the time of download, Section 11.1 applies. In the Bionic Reading® account, after logging in, Licensee finds an overview of the acquired licenses under “My licenses”, stating the same information as the License Certificate. The invoice is not made available there. The Generated Font Software itself is not stored in the account and is not available there for renewed download; it is delivered once as a direct download to Licensee’s device. Licensee is responsible for storing and backing up the downloaded files.

12. PAYMENT, ACCOUNT, WITHDRAWAL AND REFUNDS
12.1. The license becomes valid only after payment of the applicable license fee, unless BIONIC READING® expressly grants a free license, test license or promotional license.

12.2. Acquiring a license requires a Bionic Reading® account in accordance with Section 12.7. BIONIC READING® processes the information held in that account to the extent necessary to process the order, provide the download, issue the License Certificate and make the invoice available. The Generated Font Software is delivered as a direct download to Licensee’s device and is not stored in the account.

12.3. Payments are processed via our provider Stripe (stripe.com) in accordance with their Terms of Use and Privacy Policy. Under no circumstances is BIONIC READING® liable for personal data processed by Stripe.

12.4. Where Licensee is a consumer and mandatory law grants a right of withdrawal for digital content, that right lapses before the end of the withdrawal period only if Licensee has expressly consented to the download beginning before the end of that period and has acknowledged that the right of withdrawal is thereby lost. BIONIC READING® requests that consent and that acknowledgement during the purchase process, before the download is made available.

12.5. Save as provided in Section 12.4, license fees paid are not refundable once the download has been made available, unless mandatory law provides otherwise or BIONIC READING® expressly agrees to a refund.

12.6. Statutory rights of consumers remain unaffected.

12.7. A Bionic Reading® account is required in order to acquire a license; without an account no license can be acquired. Licensee creates a personalized account via the BIONIC READING® World page (https://reader.bionic-reading.com/world) and enters their personal or business e-mail address, their first and last name, and a safe password into the mask. This information is required in order to process the purchase via Stripe, to issue the License Certificate and to make the invoice available. The information must be accurate and complete and must be kept up to date by Licensee.

12.8. It is Licensee’s sole responsibility to keep the log-in data used for the Converter Software and the Generated Font Software as well as all activities that occur using these data confidential. Furthermore, Licensee is solely responsible for any liability or damage resulting from the failure to keep that information confidential. Licensee shall notify BIONIC READING® without delay of any unauthorised use of the account.

12.9. If Licensee wants to log out from or delete the account, Licensee follows the account settings on the BIONIC READING® World page https://reader.bionic-reading.com/world. BIONIC READING® reserves the right to block and/or delete the account if Licensee breaches any term of this Agreement. Deleting the account ends access to the license overview. The font software already downloaded and the license granted remain unaffected.

13. TERM, UPDATES AND SUPPORT
13.1. The End User License granted for a Generated Font Product is granted for an unlimited period, subject to Section 22 and to the license in the Original Font.

13.2. The license to the Converter Software is granted for the period stated in the product description; where no period is stated, it is granted for an unlimited period.

13.3. Licensee is not entitled to updates, upgrades, new versions or support unless expressly agreed. BIONIC READING® may make updates available at its discretion. Installed updates form part of the Converter Software and are governed by this Agreement.

13.4. BIONIC READING® is not obliged to maintain compatibility of the Converter Software or the Generated Font Software with future operating systems, applications or font formats.

14. INTELLECTUAL PROPERTY AND DERIVATIVE WORKS
14.1. The BIONIC READING® Method and the Converter Software, including their structure, organization, code, logic, fixation rules, OpenType feature implementation, names, signs and related technology, are intellectual property of Bionic Reading AG and are protected by copyright, trademark and other applicable laws.

14.2. The Original Font remains the intellectual property of its respective font designer, type foundry, publisher, right holder, Licensee or other owner. Nothing in this Agreement transfers ownership of the Original Font to BIONIC READING®.

14.3. The Generated Font Software is an adaptation (derivative work) of the Original Font. Creating and using an adaptation requires the consent of the right holder of the Original Font. Licensee obtains that consent, where required, from the right holder. Bionic Reading AG neither grants nor procures it.

14.4. Bionic Reading AG claims no rights in the Original Font and no rights in the adaptation as such. The rights of Bionic Reading AG are limited to the BIONIC READING® Method, its implementation and the Converter Software. The rights in the adaptation are governed by the license terms of the Original Font.

14.5. The Generated Font Software therefore contains rights from two separate layers: rights in the Original Font and rights in the BIONIC READING® Method. Licensee may use the Generated Font Software only if Licensee complies with both this Agreement and the license terms applicable to the Original Font.

14.6. All rights not expressly granted to Licensee in this Agreement are reserved by BIONIC READING® and/or the respective right holders of the Original Font.

15. THIRD-PARTY COMPONENTS
15.1. The Converter Software contains Third-Party Components distributed under their own license terms. Those terms are reproduced in the file “Third-Party Licenses” supplied with the Converter Software and, where the relevant license so requires, take precedence over this Agreement in respect of the component concerned.

15.2. Bionic Reading AG gives no warranty and accepts no liability for Third-Party Components beyond what is required by mandatory law.

15.3. Nothing in this Agreement restricts any right Licensee has under the license terms of a Third-Party Component.

16. DATA PROTECTION
16.1. The Privacy Statement of BIONIC READING® (“Privacy Policy”), which can be accessed at bionic-reading.com, forms an integral part of this Agreement.

16.2. Consistent with Section 3, neither the Original Font nor the Generated Font Software is transmitted to Bionic Reading AG, and neither is processed by Bionic Reading AG.

16.3. Bionic Reading AG processes only the data required to process the order, deliver the download, issue the License Certificate, comply with statutory retention obligations and provide support. Payments are processed via our provider Stripe (stripe.com) in accordance with their Terms of Use and Privacy Policy. Under no circumstances is BIONIC READING® liable for personal data processed by Stripe.

17. VERIFICATION
17.1. BIONIC READING® may request, in text form and not more than once per calendar year without cause, confirmation of the number of Generated Font Products in use and of the devices on which they are installed. Licensee shall respond within 30 days.

17.2. Where use exceeds the licensed scope, Licensee shall promptly acquire the license corresponding to the actual scope of use.

17.3. This Section does not entitle BIONIC READING® to access Licensee’s devices, files or data.

18. THIRD-PARTY CLAIMS
18.1. Licensee must notify BIONIC READING® without delay if any third party asserts a claim relating to the Original Font, the Generated Font Software, the Converter Software or Licensee’s use of any of them.

18.2. BIONIC READING® is not liable for third-party claims arising from the Original Font or from Licensee’s lack of rights in the Original Font.

18.3. Licensee may not acknowledge or settle a third-party claim relating to the BIONIC READING® Method or the Converter Software without the prior written consent of Bionic Reading AG.

19. WARRANTY
19.1. BIONIC READING® provides the Converter Software and the Generated Font Software according to the applicable product description. BIONIC READING® does not warrant that the Converter Software or the Generated Font Software will be compatible with every operating system, application, browser, device, workflow or third-party font.

19.2. The quality, completeness, drawing, spacing, kerning, hinting, language support and technical structure of the Original Font remain outside the responsibility of BIONIC READING®.

19.3. BIONIC READING® does not warrant that the processing of a particular Original Font, or the use of the resulting Generated Font Software, is permitted under the license terms of that Original Font.

19.4. To the extent permitted by law, all further warranties are excluded unless expressly agreed in writing. Statutory warranty rights of consumers remain unaffected.

20. LIMITATION OF LIABILITY
20.1. BIONIC READING® is liable only for damage caused by intent or gross negligence and only to the extent required by mandatory law.

20.2. BIONIC READING® is not liable for indirect or consequential damage, loss of profit, business interruption, loss of data, third-party claims arising from the Original Font, or Licensee’s use of the Converter Software or the Generated Font Software outside the permitted license scope.

20.3. BIONIC READING® is not liable for damage caused by errors, defects, restrictions, license limitations or technical limitations of the Original Font or of third-party software.

20.4. BIONIC READING® is not liable for loss or damage resulting from Licensee’s lack of rights in the Original Font, from the naming of the Generated Font Software, or from any use exceeding the licensed scope.

20.5. The limitations in this Section do not apply to liability for death or personal injury, or to any other liability that cannot be excluded or limited under mandatory law.

21. INDEMNIFICATION
21.1. Licensee shall defend, indemnify and hold harmless Bionic Reading AG, its affiliates, representatives, service providers and partners from and against claims, liabilities, damages, losses and costs arising from Licensee’s breach of this Agreement, Licensee’s misuse of the Converter Software or the Generated Font Software, Licensee’s lack of rights in the Original Font or Licensee’s violation of third-party rights.

21.2. This obligation extends in particular to claims of right holders of the Original Font, including claims based on the modification, adaptation, naming, trademark use or redistribution of the Original Font or of the Generated Font Software.

21.3. BIONIC READING® shall notify Licensee of any such claim without undue delay and shall not settle it without Licensee’s consent, which shall not be unreasonably withheld.

22. TERMINATION AND SURVIVAL
22.1. This Agreement terminates automatically if Licensee breaches any material term of this Agreement or fails to pay the applicable license fee.

22.2. Upon termination, Licensee must stop using and delete all copies of the Generated Font Software and of the Converter Software, unless mandatory law provides otherwise. Termination does not limit BIONIC READING®’s right to pursue claims for infringement or damages.

22.3. Sections 2, 3, 5, 7, 9, 10, 14, 15, 18, 19, 20, 21, 22, 26, 27 and 28 survive the termination of this Agreement.

23. AMENDMENTS AND CHANGES
23.1. BIONIC READING® may revise this Agreement for future downloads, purchases or renewals. Amendments to an existing purchase require written form unless mandatory law provides otherwise or this Agreement expressly permits an update.

23.2. BIONIC READING® may change, update or discontinue the Converter Software at any time for technical, legal, business or security reasons.

24. EXPORT CONTROL AND SANCTIONS
24.1. Licensee shall comply with all applicable export control and sanctions laws worldwide, including those of Switzerland, the European Union, the United States, the United Nations and of the country in which Licensee is located or from which Licensee accesses the Converter Software, and shall not export, re-export or make available the Converter Software or the Generated Font Software in breach of them.

24.2. Licensee confirms that Licensee is not located in a territory subject to comprehensive sanctions and is not a person or entity named on an applicable sanctions list.

25. ASSIGNMENT
25.1. Licensee may not assign or transfer this Agreement, or any right or obligation under it, in whole or in part, without the prior written consent of Bionic Reading AG.

25.2. Bionic Reading AG may assign this Agreement to an affiliate, or to a successor in connection with a merger, reorganisation or transfer of all or substantially all of its assets or of the business to which this Agreement relates.

26. SEVERABILITY, ENTIRE AGREEMENT AND WAIVER
26.1. Should a competent court hold any provision of this Agreement to be invalid, illegal or unenforceable, that provision or the relevant part of it shall be deemed removed to the extent necessary, without affecting the validity and enforceability of the remaining provisions. If an invalid, unenforceable or unlawful provision would be lawful, enforceable and valid if part of it were removed, that provision shall apply with the minimum modification necessary to render it valid, enforceable and lawful while reflecting the original intention of BIONIC READING®.

26.2. This Agreement incorporates all understandings between the parties with respect to its subject matter. There are no oral side agreements. Amendments of this Agreement are valid only if made in writing.

26.3. Any failure or delay by BIONIC READING® in exercising a right under this Agreement does not constitute a waiver of that right.

27. GOVERNING LAW AND JURISDICTION
27.1. This Agreement shall be governed by and construed in accordance with Swiss law. To the extent permitted by law, jurisdiction shall lie with the City of Chur.

27.2. Mandatory provisions for the protection of consumers under the law of the country in which the consumer has his or her habitual residence, and mandatory places of jurisdiction available to consumers under that law, remain unaffected by Section 27.1.

28. CONTACT
Please address all questions regarding this Agreement via e-mail to BIONIC READING® at: licensing@bionic-reading.com.

September 23, 2026
Bionic Reading AG, Chur, Switzerland