Bionic Reading® Font Software License Agreement

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

This License Agreement (“Agreement”) governs the provision by BIONIC READING AG, of Masanserstrasse 194, CH-7000 Chur, Switzerland, (“BIONIC READING®”) and use by Licensee of BIONIC READING® fonts (“Font Software”).

1. GENERAL LICENSE TERMS
1.1. This Agreement is a legally valid contract between you as Licensee and BIONIC READING®. This Agreement governs the terms for the use of the Font Software purchased by you. This Agreement is exclusive in nature but does not affect overriding individual agreements between BIONIC READING® and Licensee. This License Agreement, as amended from time to time, is available at any time on the BIONIC READING® website at Bionic Reading® Font . The privacy statement of BIONIC READING® (“Privacy Policy”), which is available at Privacy Policy, forms also an integral part of this Agreement.

1.2. The Font Software can be licensed to end users or business customers. BIONIC READING® makes available the Font Software to Licensee via download at https://reader.bionic-reading.com/world on its website. The license packages are summarized in Section 2 of this Agreement. The scope of the Font Software depends on the selected license package and its intended purpose (e.g. private or commercial purposes).

1.3. By downloading the Font Software at https://reader.bionic-reading.com/world, you consent to the terms of this Agreement and to the privacy statement.

1.4. Should you disagree with any of these documents, you may not download the Font Software.

1.5. BIONIC READING® reserves the right to exchange, amend, supplement or erase the provisions of this Agreement at any time pursuant to the procedures described in Section 13 below.

2. SPECIAL LICENSE TERMS
Unless the selected license package provides otherwise, the following license terms shall apply:

2.1. Once Licensee has accepted this Agreement and paid the full license fee pursuant to Section 6 hereof, BIONIC READING® hereby grants Licensee the non-exclusive, non-transferable right to use the Font Software according to the terms and conditions of this Agreement. Licensee may not rent out, lease, sublicense, make available as a gift, loan or re-distribute the Font Software of any copy thereof, unless this Agreement specifically so provides. Licensee shall not have any rights to the Font Software other than those explicitly set out herein. All rights not explicitly granted herein shall explicitly be reserved to BIONIC READING®. Licensee may not change the Font Software in order to add functions which it did not have when supplied by BIONIC READING®. Licensee may not use the Font Software in order to sell a digital product electronically without having been granted a separate license by BIONIC READING® which allows Licensee to do so. “Digital product” means an electronic document or data file which was created using the Font Software and is offered for distribution outside Licensee’s business operations or for commercial purposes (e.g. eBook).

2.2. Licensee may install the Font Software on any number of devices owned or exclusively controlled by Licensee or any of Licensee’s direct employees. Licensee shall ensure that the number of simultaneous users of devices on which the Font Software is installed does not exceed the “Licensed Unit”. “Licensed Unit” means the number of simultaneous users permitted by the license. The Licensed Unit is stated on your invoice, receipt or license renewal notice.

2.3. Licensee shall take all appropriate measures to ensure that Licensee retains the exclusive storage of and control over all copies of Font Software. Licensee may not transfer ownership of the devices on which the Font Software is installed. Upon termination of this Agreement, Licensee is obligated to destroy all copies of the Font Software.

2.4. Licensee may transfer electronically Font Software embedded in a personal or business document (e.g. a document which is not a “Digital Product” as described herein) only if the Font Software embedded in such a document is available as static bitmap image or as embedded electronic document and is disseminated in secure format which allows the reader only to view and print (but not to edit, change, extend or modify) such a static graphic image or embedded document. Licensee may not embed the Font Software into an electronic document or a data file for a purpose other than for Licensee’s personal or business use.

2.5. BIONIC READING® currently makes available the following license packages:

End user license
The end user license allows you:

to use the Bionic Reading® Font (Font Software) in your common programs and devices for your personal use, for example for your eReader or on your desktop computer for any software which allows you to add user-defined fonts.
In no event may you use the Bionic Reading® Font (Font Software) for commercial purposes or allow third parties to use it. The use of the Bionic Reading® Font within the scope of an end user license is only for your sole personal use.
to use the following file formats of the Bionic Reading® Font: .otf.

Desktop license
The Desktop license allows you:

to use the desktop Font Software on devices under your control as long as the number of simultaneous users does not exceed the threshold defined in your license package.
to create works of art by modifying the edition of desktop Font Software as long as these cannot be reused as Font Software.
to ensure that all digital documents (such as pdf files) are equipped with the Font Software, but do not allow the editing or extraction of Font Software, especially in non-commercial documents.
to use desktop Font Software exclusively on devices owned by you without transferring ownership of these devices.
to use the following file formats of the Bionic Reading® Font: .otf.

App/Game license
The App/Game license allows you:

to embed the app Font Software in apps or games as long as these are exclusively under your control and are sold in authorized digital stores.
to ensure that the app Font Software is not embedded in files which are created by the App or can be extracted from these (e.g. downloads).
to take all measures to prevent that the Font Software is available outside the App and to ensure that the downloads do not exceed the defined license threshold.
to use the following file formats of the Bionic Reading® Font: .otf, .ttf.

Web license
The Web license allows you:

to host the web Font Software on any number of web servers or content delivery networks which are under your sole control.
to feature CCS or JavaScript on websites by using @font-face in order to access the web Font Software. It is not permitted to use other methods.
to use measures such as Cross-Origin-Blocking to prevent unauthorized referencing of other websites.
to use a recognized third provider for analysis to monitor site visits and to ensure that these do not exceed the license thresholds (e.g. Google Analytics).
to use the following file formats of the Bionic Reading® Font: .woff, .woff2.

ePub/Book license
The ePub/Book license allows you:

to provide commercial digital and analogous documents, provided that editing and extraction of the Font Software is not possible, and these documents are under your control.
to limit the number of individual titles to the upper threshold defined in your license package, although different editions of a title are counted separately, A book which is sold in digital and analogue format counts as two (2) titles.
to use the following file formats of the Bionic Reading® Font: .otf, .ttf.

Server license
The Server license allows you:

to install the App Font Software on a server or in a software component that is under your sole control.
to create personalized commercial documents, provided that these cannot be edited and extracted.
to ensure that third parties cannot access the Font Software and that the number of servers does not exceed the license threshold.
to use the following file formats of the Bionic Reading® Font: .otf, .ttf, .woff, .woff2.

Hardware/Firmware license
The Hardware/Firmware license allows you:

to equip devices with the Font Software and to sell these, as long as these were designed exclusively by you and the license threshold is met.
to ensure that the desktop Font Software and any third-party font software together do not represent more than 20% of the value of the device.
to request end users to comply with and to consent to the relevant paragraphs “Desktop License”, “Web License” and “App/Game License” of this Agreement, provided that they can use the Font Software.
to use the following file formats of the Bionic Reading® Font: .otf, .ttf, .woff, .woff2.

Ads license
The Ads license allows you:

to use the desktop and web Font Software in analogue and digital ads as long as their content is exclusively under your control.
to ensure that all digital documents (such as pdf files) are equipped with the Font Software, but do not allow the editing or extraction of Font Software.
to host the Font Software on servers or content delivery networks exclusively for the publication of digital ads.
to ensure that only approved methods of referencing are used and that you cease the use once the license expires.
to use the following file formats of the Bionic Reading® Font: .otf, .ttf, .woff, .woff2.

Unlimited license
An unlimited license allows you:

to use the desktop and web Font Software without limitation as to the number of users, site visits or downloads.
to integrate the Font Software in apps, servers, commercial documents and hardware without limitation by specific license terms.
to use the following file formats of the Bionic Reading® Font: .otf, .ttf, .woff, .woff2.

3. OBJECT OF AGREEMENT AND LICENSE REVIEW
3.1. The performance specification of the Font Software, as amended from time to time, which is valid on the contract execution date and available without charge on the BIONIC READING® website at any time, is finally authoritative for the condition and functionality of the Font Software supplied by BIONIC READING®.

BIONIC READING® does not owe a condition of the Font Software other than defined in the performance specification. Interoperability with Licensee’s existing hardware and software is not an owed property of the Font Software, unless the performance specification explicitly mentions compatible hardware and software.

3.2. For the avoidance of doubt, BIONIC READING® explicitly emphasizes that an Internet connection is necessary to download the Font Software via https://reader.bionic-reading.com/world.

3.3. BIONIC READING® may perform random online checks to ensure that Licensee complies with the license terms in connection with the use of the licensed Font Software. If a violation of the license terms is established during an online check, Licensee shall promptly take corrective action to remedy the defects and prove to BIONIC READING® within a reasonable period of time that infringements were remedied. Infringements are regularly eliminated by purchasing a Font Software license which reflects the actual scope of use. Should Licensee not remedy infringements despite request, BIONIC READING® may terminate the License Agreement and claim compensation for damage.

4. COPYRIGHT
4.1. The Font Software, including its structure, organization and code, constitutes intellectual property of BIONIC READING®. The Font Software is protected by Swiss copyright laws and international copyright regulations. You are obligated to treat the Font Software like any other copyrighted material. You may use the Font Software only within the scope of this Agreement. The Font Software is licensed, not sold.

4.2. Trademarks and distinctive signs shall be used according to recognized trademark law practices. You may not remove distinctive signs, trademarks or copyright notices from the delivered program parts.

5. USER ACCOUNT
5.1. In order to use BIONIC READING®, you have to create a personalized account and enter your personal or business e-mail address, your first and last name, and a safe password into the mask.

5.2. It is your sole responsibility to keep your log-in data for the use of the Font Software as well as all activities that occur using these data confidential. Furthermore, you are solely responsible for any liability or damage resulting from the failure to keep that information confidential.

5.3. If you want to log out from or delete your account, follow the account settings on the BIONIC READING® World page (https://reader.bionic-reading.com/world). Please not that we reserve the right to block and/or delete your account if you breach any term of this Agreement.

6. ORDERING A LICENSE PACKAGE AND TERMS OF PAYMENT
6.1. BIONIC READING® is currently offering 9 license packages. More information on the scope and price of a license package can be found in the description on our website at “Licenses” (https://bionic-reading.com/bionic-reading-font) and in Section 2.5. of this Agreement.

6.2. Please go to https://reader.bionic-reading.com/world on our website to purchase the desired license for the Font Software and follow the steps on our website at “BIONIC READING® Font”. Payments are processed via our provider Stripe in accordance with their Terms of Use and Privacy Policy. Under no circumstances is BIONIC READING® liable for personal data processed by Stripe.

Please follow the following steps if you want to order the Font Software:

Open the “Bionic Reading World” page (https://reader.bionic-reading.com/world).
Create a new account or use your existing login method to log into your account.
Select the desired Font Software product for end users “BIONIC READING® Font, License for End User” or the “BIONIC READING® Font, License for Your Business” for business customers.
Select the desired license on the license product page. Indicate the corresponding value (e.g. number of users, number of downloads etc.) for the business customer license(s).
After you have selected your license(s), click “Buy now” and enter your payment information on the following page.
After we have received your payment, we will make available the Font Software as download in your account.

6.3. We reserve the right to change the price structure of our license packages.

7. WARRANTY
BIONIC READING® warrants for a period of six months of the download date that the functionality of the Font Software essentially corresponds to the performance specification. In all other respects, the statutory warranty provisions shall apply.

8. LIMITATION OF LIABILITY
8.1. BIONIC READING® is liable only for damage caused by premeditation and gross negligence and only to the extent prescribed by mandatory law. BIONIC READING® shall not be liable for direct or indirect consequential damage, financial loss, lost profit or damage due to business interruption. In particular, BIONIC READING® shall not be liable for the Font Software’s fitness for a particular purpose.

8.2. BIONIC READING® does not accept any liability for damage caused by errors, defects or improper installation of third-party software.

8.3. We cannot be held liable for claims due to defects if you have changed, or appointed third parties to change, the Font Software without the prior consent of BIONIC READING® or use the Font Software for a purpose other than covered by this Agreement and if the change or non-contractual use is solely responsible for the occurrence of a defect.

8.4. BIONIC READING® shall have no strict liability for defects existing at the time of making available the Font Software.

9. THIRD PARTY RIGHTS
9.1. You will notify BIONIC READING® without delay if any third party asserts that the Font Software infringes rights of that third party. You may not acknowledge such third-party claims.

9.2. If the Font Software actually infringes rights of third parties, BIONIC READING®, at its own election and costs, will either procure the necessary rights for you to use the relevant right of that third party, taking into account your interests, or modify the software such that it no longer infringes the relevant right of the third party. If this is impossible, you may withdraw from this Agreement.

10. RELEASE
10.1. You are solely liable for any damage you caused to BIONIC READING®, their licensors, distribution partners and affiliated service providers and subcontractors, other users of the Software or all other natural persons or legal entities due to an infringement of this Agreement.

10.2. As Licensee, you are obligated to defend, compensate and hold harmless and indemnify BIONIC READING®, their licensors, distribution partners and service providers and their subcontractors for and against any (alleged) claims, liabilities, damage and all costs (including legal fees) culpably caused, directly or indirectly, by you and/or a) due to an infringement of any provisions of this Agreement or b) due to your use or misuse of the Software. BIONIC READING® reserves the right to pursue, on their own, but at your cost and expense, the collection of any claim for which you have undertaken to compensate BIONIC READING®. The provisions of this Section 11 will also survive after termination of this Agreement.

11. ENTRY INTO FORCE, TERMINATION
11.1. This Agreement will enter into force on the date, on which you download or use the Font Software for the first time, whichever is the earliest.

11.2. This Agreement ends automatically if you fail to pay a related invoice or if you (or an authorized person or a member of your immediate household whom you granted permission to use the Font Software) infringes the terms of this License Agreement. Regardless of a termination of this Agreement, BIONIC READING® may still take legal action against you for an infringement of this Agreement.

12. AMENDMENT OF THIS AGREEMENT OR CHANGE OF SOFTWARE
12.1. BIONIC READING® reserves the right to revise, update, exchange, amend, add, supplement or erase at its own discretion individual terms of this Agreement for security reasons, due to laws or other provisions. These changes will enter into force when notified to you or, if appropriate, without prior notice to you. Click on the link “Bionic Reading® Font Software License Agreement” on the BIONIC READING® website to read a current version of this AGREEMENT. It is your sole responsibility to check on a regular basis whether any amendments to this Agreement were made. You may terminate this Agreement according to Section 11 if any future amendment of this Agreement is not acceptable to you or if, as a result of that amendment, you no longer agree with this Agreement or are no longer able to comply with it. If you continue to use the Software after this Agreement was revised, you will fully and irrevocably consent to all these amendments.

12.2. BIONIC READING® may change the Font Software at any time at its own discretion, for any reason or without stating any particular reason, especially for technical reasons such as updates, maintenance and/or resets to improve and/or optimize the Software. You agree that the Software may automatically install or download these changes. You agree that BIONIC READING® may discontinue support for prior Software versions after an updated version is available. The providers of BIONIC READING® are not obligated to maintain or support the Software.

13. OTHER PROVISIONS
13.1. Should any competent court take the view that any term of this AGREEMENT is invalid, illegal or unenforceable, that term or the part of that term shall be deemed erased, as necessary, without affecting the validity and enforceability of the remaining terms of this AGREEMENT. If an invalid, unenforceable or unlawful term of this AGREEMENT would be lawful, enforceable and valid if a part of that term were erased, that provision shall apply with the minimum change which is necessary for it to be valid, enforceable and lawful to reflect the original intentions of BIONIC READING®.

13.2. This Agreement incorporates all understandings. There are no oral side agreements. Amendments of this Agreement are valid only if made in writing.

13.3. 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.

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

January 6, 2025
Bionic Reading AG, Chur, Schweiz