Resistenza

Notice to user: This agreement covers the usage of the fonts/font purchased by “You” and made available through the Typekit Service and determines the rights and obligation of both parties (the “Creator”: Resistenza Ltd. Bulgaria and the client: “You”). By installing/downloading/usage of any of our font/fonts “You” DO agree with this agreement. 1. Definitions. 1.1 “Creator” means Resistenza Ltd registered with VAT number BG203097768 in the European VIES system with address: .Mladost Bl.325, ent.3, atelie 3 1712 - Sofia - Bulgaria a company, the owner and the authorized licensor of the rights in and to the fonts/font families licensed to You under this agreement and its respective foundry licensors. 1.2 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110 and Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. 1.3 “Service” means the Typekit Service website accessible from typekit.com, and all other services, features, or content made available to “You” on and through the Typekit Service. 1.4 “Licensed Font/Fonts” or “Licensed Font Software” means the font(s) or font families and the software that the “Creator” licenses to “You” through the Typekit Marketplace for “You” use pursuant to this End User License Agreement. 1.5 “Typekit Marketplace” means the service through which Adobe offers for direct sale Font Software licensed to “You” under the Adobe Typekit Marketplace End User License Agreement. 1.6 “You” and “Your” means the person or entity (“licensee”) authorized by the “Creator” to use the Font(s) licensed under this agreement. 2. Use of Licensed Fonts; Font License; Precedence. 2.1 License Grant. This License is between “You” and “Creator” grants to “You” a non-transferable (except in jurisdictions where the law provides a right of transfer), non-exclusive rights and license to access the Licensed Font Software provided to “You” in the Typekit Marketplace and to use/download of the Licensed Font Software/Fonts/Font on and through the Typekit Service in accordance with the terms and conditions of Your license. 2.2 Use of Licensed Fonts. Your use of the Licensed Font Software is governed by this “Creator” End User License Agreement (“Resistenza End User License Agreement”) Your use of the Service is governed by the Adobe.com Terms of Use (“General Terms”) and the Typekit Services Agreement Additional Terms (“Additional Terms”) located at http://www.adobe.com/go/terms and which are incorporated into the EULA by this reference. 2.3 Originality. In the case of any third party claims that the Licensed Font Software or the end user’s possession and use of the Licensed Font Software infringes a third party’s intellectual property rights, “Creator” will be responsible for the investigation, defense, settlement and discharge of any such intellectual property claims. Adobe is not liable for any third party claim. 2.4 Support. In the event of any failure of the Licensed Font Software to conform to any applicable warranty, the end user may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Licensed Font Software to the end-user. To the maximum extent permitted by law, neither “Creator” nor Adobe will have any other warranty obligation whatsoever with respect to the Licensed Font Software. “Creator” will provide reasonable maintenance and support for the Licensed Font Software or as may be required by law. Adobe will have no obligation to provide any maintenance and support services with respect to the Licensed Font Software. 2.5 Precedence. In relation to Licensed Font Software in the Typekit Marketplace, if there are any conflicts between the terms in this EULA, the Typekit Marketplace EULA, the General Terms or the Additional Terms, then this EULA governs. In relation to Your use of the Service, if there is any conflict between the terms in this EULA, the General Terms or the Additional Terms, then the General Terms and the Additional Terms govern. 3. Warranty. “Creator” warrants to “You” that the Font Software/Fonts will perform as they should when used within Adobe products that support usage of different Font/Fonts and used on an electronic device where “You” have installed licensed Adobe products. Adobe is not responsible for any product warranties, whether express or implied by law. 3.1 Warranty Claim. To make a warranty claim, “You” must contact “Creator” with detailed information regarding Your claim. If the Licensed Font Software/Fonts does not perform as they should, in accordance with the specifications, you do agree that the maximum claim should not exceed more than the amount in the currency of the purchase “You” made. NEITHER FOUNDRY NOR ADOBE WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FOUNDRY’S BREACH OF WARRANTY. THE FONT SOFTWARE MAY NOT BE USED IN ANY CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, FOUNDRY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS. 4. Governing Law. The Agreement will be governed by the laws of the State of New York applicable to contracts entered into and wholly performed within the state without regard to its conflict of law All disputes related to the Agreement shall be heard in the civil or federal district courts in the Eastern or Southern Districts of New York, USA. Both Parties agree to the personal jurisdiction and mandatory, exclusive venue of these courts in any action related to this Agreement; and to waive all defenses based upon the selection of the jurisdiction and forum; and to service of process by certified mail, return receipt requested. This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. 5. Limited Distribution. You represent and warrant that (i) “You” are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) that „You“ are not listed on any U.S. government list of restricted parties. (iii) “You” are not located in a country that is under any trade embargos with the European Union. 6. Privacy. “Creator”’s collection and use (if any) if personal information that identifies or can be used to directly or indirectly identify an individual will comply fully with any applicable local and international privacy protection regulations, data protection regulations and other applicable laws, and will be used in accordance with the “Creator”’s or Adobe’s privacy policy, whichever offers most protection of the End User’s privacy. 7. Rights Reserved. All rights on the Font Software/Font/Fonts, trade marks registered by the “Creator”, The way the fonts are created by the “Creator” meaning the way they are written, either on paper and in electronic way, are reserved to the “Creator”: Resistenza Ltd registered with VAT number BG203097768 in the European VIES system with address: .Mladost Bl.325, ent.3, atelie 3 1712 - Sofia - Bulgaria 8. Disclaimer: Resistenza Ltd registered with VAT number BG203097768 in the European VIES system with address: .Mladost Bl.325, ent.3, atelie 3 1712 - Sofia – Bulgaria-“Creator” , DOES NOT TAKE ANY RESPONSIBILITY IF THE CLIENT: “YOU” USES THE “FONT SOFTWARE”/”FONTS”/”FONT” MADE BY THE “CREATOR” FOR ANY ILLEGAL ACTION DETERMINED AS SUCH, BY THE LAW IN ANY COUNTRY. Resistenza Ltd. © 2017 All Rights Reserved For further information, support or to make any claim contact: info@resistenza.es