WHEREAS:
→ The holder of this license is Firm Srls, with registered offices in Via Privata Vivarini 7, 20141 Milan, VAT/C.F. 08631900969, hereinafter also the “Company” or simply “Firm”.
→ This license allows the purchaser to use the purchased Font(s) on a computer, for use in desktop applications such as TextEdit, MS Word, Photoshop, etc. designed for the development of printed or digital materials;
→ Any use beyond or other than that specified above is expressly prohibited by law and must be regulated under a different license with the Company;
→ Before proceeding with purchase, the Company will quote a purchase price commensurate with the number of people comprising the company, business, professional studio or any other legal or non- legal entity that will use the Font(s) in question.
USER LICENSE AGREEMENT
By purchasing, installing and/or using the Font(s) (hereinafter also “Product” or “Products”) that you have purchased, you expressly agree to be bound by the terms of this License Agreement and the site’s Terms of Service. The text of the License Agreement, the Terms of Service (“ToS” – https://firm.gs/en/terms-and-conditions), the privacy policy and the cookie policy (https://firm.gs/en/cookies-privacy-2), together with the tax receipt that accompanies each purchase made on the Firm.gs website, constitute the complete agreement between you and Firm Srls.
Each Product purchased through the Firm.gs website is supplied with a specific license chosen by the User during the purchase process.
Upon full payment of the agreed-on amount, Firm grants the purchasers of its Products a perpetual, personal (except as indicated below), non- transferable, non-exclusive and revocable license. It retains ownership of any intellectual property rights not herein assigned.
Under the terms of this agreement, the User may not under any circumstances claim any ownership rights to the licensed Font.
The license type chosen by the User to meet their specific needs
is indicated on the Company Product purchase receipt and under no circumstances is the User who has purchased a Product under one license allowed to take advantage of the rules specified for other, different licenses.
1. GRANT OF LICENSE
You may use the licensed Font(s) to create and/or develop images in any environment such as computer screens, paper, web pages, photographs, film credits, printed matter, T-shirts, and other surfaces, provided that the Font is never included (in whole or in part) in any program or server that would allow it to be accessed by a third party.
You may use the licensed Fonts to create EPS files or other scalable designs provided that the Font and software are used only by the party (whether a natural person or legal entity) signing this license agreement and subject to all limitations set forth herein. Under no circumstances may conversion of the Fonts justify extending or restricting the terms of this license.
2. NUMBER OF USERS
The maximum number of Users allowed to use the Font(s) acquired under this license is decided by the buyer/licensee during the online purchase process.
The scope of this license is therefore subject to the licensee’s declaration as to the maximum number of Users for which it is being purchased, and this number is indicated on the receipt sent to the buyer when confirming the purchase of one or more Products.
The licensee is obliged to accurately state the number of end Users who will utilize the Font(s). The inaccurate indication of such information resulting from either fault or negligence is considered to be a cause of termination for breach of this contract, with the Company consequently having the right to claim damages as quantified below.
This license is therefore only valid when accompanied by a receipt indicating the maximum number of Users for which it was purchased.
All Users must belong to the same company, business, professional studio or other legal or non-legal entity purchasing the Product.
The licensee will always have the option to extend the license
to cover a larger number of Users permitted to use the Font(s) by contacting Firm Srls (type@firm.gs) within 15 days of the moment the licensee becomes aware of the increase in the number of people who need to be covered by the license.
If Firm becomes aware that the number of Users who are utilizing or have access to the Font(s) is greater than the number stated when the license was purchased (and as indicated on the tax receipt), it will grant the licensee a peremptory period of 15 days (beginning from the moment Firm sends its communication to the contact information specified in the contract) to update the license.
In the event the license is not updated, the existing contract between the Company and the licensee will be legally rescinded and the licensee will be required to pay damages, currently amounting to three times the price of the type of license that the licensee should have requested. The licensee will also be required to immediately stop using the purchased Font(s).
3. PRICE
The price of this licence, which is to be understood as a one-time payment, is based on the number of Users as defined in point 2 above.
The price of the licence is calculated at the moment the buyer chooses which type of licence to purchase.
4. THIRD PARTIES
You may not rent, sublicense, give, loan, or distribute the Fonts Firm is licensing to you under this Agreement or any copies thereof, except as expressly provided herein.
You may not assign the Font licensed hereunder to third parties or otherwise make it accessible to others.
If the licensed Font is sent or delivered to a third party vendor (such as, but not limited to, a graphic designer or printer) to use in the name and on behalf of the licensee, the latter may use it only and exclusively under the terms of this license and may not make any copies of the Font(s) covered by this license at the end of the job.
The licensee undertakes to ensure that third parties are made aware of and comply with the conditions of this agreement.
In the event that the holder of this license is not the end User of the license (as a non-exhaustive example, an intermediary, graphic studio, etc.) the holder must understand that it will be solely responsible for any improper use of the licensed Product.
For this reason you are obliged to inform the end User of the content of this agreement and also to attach it to any further agreement under which a third party is authorized to use the licensed Font(s).
The above also applies to the provisions of the last paragraph of article 2 regarding penalties for unauthorized use.
5. EMBEDDING
You may not embed the licensed Font(s) in any document sent to a third party. The only exception is for the creation of PDF files, in which case Fonts can be embedded via subsetting provided that recipients are only given permission to view and print the documents without modifying them.
Under the terms of this license, you may not under any circumstances embed the licensed fonts into software or hardware in which the Fonts may subsequently be used by the buyers of such Products.
An additional license of this type can be arranged directly with our company.
For further information please contact type@firm.gs.
6. CHANGES
You may not modify, adapt, translate, decode, de-compile, de-assemble, or create derivative works based on the licensed Font(s) without Firm’s prior written consent.
7. COPYRIGHT
You agree that the licensed Font(s) are protected by copyright law as well as intellectual and industrial property rights, as specified by national and international regulations and practice.
Unauthorized copying of the licensed Product, even if modified, combined or bundled with other software or written material, is expressly prohibited. You agree that the licensed Font(s), including all intellectual and industrial property rights contained therein (such as but not limited to: design, trademarks, their structure, organization, code and related files) are the exclusive property of Firm Srls or its licensors, recognizing that the licensed Product(s) in question may be used by other customers with a regular EULA STANDARD license and that any intentional or negligent use of the licensed Font(s) not expressly granted by this agreement constitutes a violation of intellectual and industrial property rights.
8. TERMINATION AND AMENDMENT OF THE CONTRACT
This Agreement is valid for an indefinite period.
This Agreement shall be deemed to have been terminated legally and without any notice from Firm Srls in the event of failure to comply with its provisions.
If this Agreement is terminated, the licensee will be obligated to destroy all licensed material (such as the Fonts and all copies of them, in part and in full, including any modified copies).
Termination of the agreement does not prevent the Company from acting to obtain compensation for damages caused by and related
to breach of contract, including those already highlighted in the last paragraph of article 2.
The contract and any of its terms may only be modified in writing with the consent of both parties.
Considering that the licensed Product is effectively made fully available to the buyer at the moment of purchase, it is not possible to cancel orders once they have been placed.
9. PRODUCT UPDATES
Firm may, from time to time and at its absolute discretion, update the Product(s) it sells.
Prices may also be subject to change if updates are made to the Font(s) in question.
10. DISCLAIMER OF LIABILITY AND LIMITED WARRANTY
Seeing as buyers can check the Firm Srls website to make sure that the products they are purchasing effectively meet their requirements, the Product covered by this agreement is sold “as is” without any specific warranty.
The licensor warrants that the Product sold is free of defects in terms of materials and workmanship, under normal use, for a period of twenty-one (21) days from the purchase date as indicated on the receipt.
Firm shall not be liable for replacing the Product or refunding the purchase price in the event of malfunction resulting from accidents, misapplication, or abuse of any kind, or if any Product is lost or damaged due to theft, fire, or negligence. Any replacement Product will be warranted for twenty-one (21) days.
Licensees are not entitled to submit claims based on Product results, features or performance.
Firm does not warrant that the functions contained in the Product will meet your requirements or that the software will operate smoothly or error-free.
Firm shall not be liable for any direct, indirect, consequential, or incidental damages (including damages resulting from loss of company profits, business interruption, loss of commercial information, and the like) arising from the use or inability to use the Product.
11. JURISDICTION AND APPLICABLE LAW
The Court of Milan shall have jurisdiction over any dispute that may arise regarding the application, execution, termination and interpretation of this contract.
This agreement is governed by Italian laws and practices.