This document contains all terms and conditions of the Licence Agreement which is made between:
RAM S.R.L., whose registered office is at Bologna, Via San Valentino n. 1/F, VAT A 04314560378, in person of its legal representative (“Company”)
USER, the customer as indicated in the online order form (“User”).
TERM OF THE LICENCE AGREEMENT
- Grant of licence.
- The Company grants the User the non-exclusive, non-transferable and worldwide right, without time limits, to install and use the FONT, for commercial purposes, on a number of devices and for use included in the Licence Agreement BASIC VERSION and/or in the Licence Agreement EMBEDDED VERSION as chosen and click in the online order form.
- The FONT may be used:
- Licence Agreement BASIC VERSION: in logos, graphics and artworks printed on any surface (paper or physical products) or displayed on any screen. May be used also to create static images, pixel-based graphics used on the internet, in video, film, television series or broadcast;
- Licence Agreement EMBEDDED VERSION: the FONT may be embedded in secondary software (website, application, videogame, etc.) for use as dynamic on-screen text as long as the FONT is at no time subject to download or stand-alone usage by any third party or end user.
- Any other uses are excluded from this Licence Agreement and the User must acquire additional licence from the Company, when possible.
- The User can not: (a) duplicate or copy the FONT; (b) embed, redistribute, resell, rent, use as a webfont, modify, translate, adapt, alterate, reverse engineer, decompile or disassemble the FONT; (c) sublicence the FONT; (d) remove and modify any trademark and copyright notices put by the Company.
- The User shall be entitled to retain a secured archival copy of the FONT solely for internal use.
- FONT can be embedded in other software files (including but not limited to Portable Document Format – PDF or Flash files), but the User will take all reasonable care to embed the FONT in such a way that it can not be extracted from the files created by the User.
The FONT is made available for electronic download only with the acceptance of all terms and conditions of this Licence Agreement and if the licence fee is successfully paid.
- Licence fee and payment
- For the grant of licence the User will pay the licence fee indicated in the online order form.
- For payment, the User shall follow one of the methods indicated in the online order form.
- In the event that, for any reason, the transaction should be unsuccessful, this Licence Agreement is automatically cancelled.
- No Support Obligation
The Company has no obligation under this Licence Agreement to provide technical support to the User, and the Company can not be held liable for the failure to render such support and assistance. The Company may, at its sole discretion, provide support to the User, such as responding to questions regarding the installation and use of the FONT submitted as indicated on the Company website.
- Intellectual property rights
- The Company is the exclusive owner of the FONT and retains all rights, title and interest in and to the FONT and all patent rights, trademarks, trade secrets, copyrights and all other intellectual property rights therein. The Company reserves all rights not expressly granted to the User hereunder.
- The Company shall have the right to use the name and/or logo of the User to communicate that the User is a Company’s customer (including but not limited to identifying the User as a Company’s customer in advertising and marketing materials, both online and offline).
- Warranty disclaimer
- The FONT and any related documentation is provided “AS IS” without any express or implied warranties (including but not limited to the warranties for merchantability and fitness for a particular purpose), and any and all warranties are hereby disclaim. The Company only guarantees that the FONT does not infringe any rights of third parties, including any intellectual property rights.
- The entire risk arising out of use or performance of the FONT remains upon the User. In no event will the Company be liable for any direct, indirect, consequential or incidental loss or damages (including but not limited to the damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss), arising out of the use of or inability to use the FONT, however caused.
- Information about the conclusion of the Licence Agreement
- The Company informs the User that each order will be stored in digital/paper form on the server/at Company headquarters, according to criteria of confidentiality and security.
- The term and conditions of this Licence Agreement will be made available in a way that allows User to store and reproduce them.
- Conclusion and effectiveness of this Licence Agreement
- The User shall proceed for the conclusion of this Licence Agreement through the website by filling out the online order form, where the Company shall indicate all mandatory and optional data. The User declares to be of age and guarantees that all information provided are complete, correct, truthful.
- To conclude this Licence Agreement, the User shall ensure a correct filling of the online order form and its subsequent transmission to the Company through telematic tools. A printable order summary page will be displayed by the Company and it will contain: the details of the User and the licensed FONT; the fee, the methods and terms of payment; the invitation to carefully read this Licence Agreement.
- The Company reserves the right to refuse or cancel orders coming from the User.
- The order will be archived in the Company database for the time necessary for its execution and, in any case, in accordance with the law.
- After receiving the order, the Company will send an order confirmation and summary via e-mail. In this e-mail, all the information referred to in the previous points will be reported. This is without prejudice to the right of refusing or cancelling the order.
- This Licence Agreement shall be considered finalized or effective when the Company receives the payment of the fee.
- Return policy
The User has not the right to withdraw from this Licence Agreement because: (a) he/she is not a “consumer” acting outside his/her trade, business, craft or profession; (b) the FONT is a digital content produced and supplied in digital form, not supplied on a tangible medium.
- In any case of termination of this Licence Agreement, the User shall cease use of the FONT and promptly shall uninstall, cancell and destroy the FONT and any related software and/or material or documentation.
- The Company reserves the right to terminate this Licence Agreement at any time and void the licence if the User fails to comply with the terms and conditions of this Licence Agreement.
The User shall treat as confidential all the technical information, knowledge and documents that will be originated or developed during and/or in connection with the execution by this Licence Agreement. The User therefore undertakes not to disclose and use them for purposes other than those related to the execution of this Licence Agreement.
- Applicable law. Jurisdiction. Court
- This Licence Agreement shall be governed by and interpreted in accordance with the Italian law, and subject to the jurisdiction of the Italian Judicial Authority.
- The parties undertake to resolve any dispute that may arise from the execution, termination and/or interpretation of this Licence Agreement in good faith. If this were not possible, the parties indicate the Courts of Bologna (Italy) as the competent and exclusive place of jurisdiction for resolving any disputes that are in any way connected with this Licence Agreement.
- This Licence Agreement contains the entire agreement of the parties regarding the subject matter hereof and supersedes any other agreements, promises, representations or discussions, written or oral, concerning such subject matter. This Licence Agreement may not be modified or amended except by an instrument in written signed by both parties. Electronic communications, such as email, will not be effective as a modification or amendment to this Licence Agreement.
- Section headings in this Licence Agreement are for ease of reference only and will not have any effect upon the construction and interpretation of this Licence Agreement.
- If any provision of this Licence Agreement is held by a court of competent jurisdiction or according the applicable law to be illegal or unforceable, then such provision will be deemed severable from the remainder of this Licence Agreement and will be construed so as to be enforceable to the extent permitted under applicable law, and the remaining provisions of this Licence Agreement will continue in full force and effect.
- Processing of personal data
- Pursuant to and for the purposes of EU Regulation no. 2016/679 (“GDPR”) and Legislative Decree no. 196/2003 (jointly “Data Protection Law”), the Company informs the Data subject that his or her personal data (such as, for example, name, address, contact details, etc.), acquired during the negotiation and during the execution of this Licence Agreement, may be processed in accordance with Data Protection Law, in both electronic and manual form, in order to perform this Licence Agreement and fulfil any relevant obligation arising, directly or indirectly, from this Licence Agreement.
- The provision of the personal data is a requirement necessary to enter into this Licence Agreement and for the fulfilment of contractual and regulatory obligations. Failure to provide such data, even in part, could preclude the conclusion of this Licence Agreement or make impossible to manage it.
For any question relating to the processing of personal data and to exercise the above mentioned rights, the Data subject may contact the company RAM S.R.L. (data controller), with registered office in Bologna, Via San Valentino n. 1/F, e-mail email@example.com.
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Pursuant to articles 1341 of the Italian Civil Code, the User declares to know and expressly accept the following clauses: 7 (Warranty disclaimer), 13 (Applicable law. Jurisdiction. Court)