End User License Agreement
1 Object
The object of this Agreement is the granting of a license to use the Digital Font (hereinafter referred to as "FONT"), developed and made available for purchase by the LICENSOR. The license is granted for an indefinite period, is non-exclusive and non-transferable, and is subject to the conditions and limitations set forth in this instrument.
2 Parties
LICENSOR: ZANON STUDIO DE DESIGN LTDA ME, a private legal entity, registered under CNPJ 45.356.849/0001-30, headquartered at EST BR 470 Km 162, 359 - Retiro - Nova Prata - RS, Brazil, herein represented as LICENSOR.
LICENSEE: The Individual or Legal Entity that acquires the license to use the Digital FONT, identified by their registration and payment data at the time of the transaction.
3 License Types
3.1 Scope of License by Size:
All licenses available on the website allow for unlimited users (installation on an unlimited number of computers), with the scope defined exclusively by the Company Size of the LICENSEE at the time of purchase, according to the following categories: [Studios, Companies with up to 20 employees, 21-50 employees, 51-100 employees].
3.2 Special Licenses:
3.2.1 Large Corporations: Companies that exceed the maximum employee limit of the highest commercial license category available are subject to a customized license agreement. The LICENSEE must contact the LICENSOR ([email protected]) to formalize a special license.
3.2.2 Exclusive Uses:
This Agreement does not cover licensing for use in electronic games (video games), audiovisual works, streaming services, NFTs, apps, or online broadcasting. In these cases, the LICENSEE must contact the LICENSOR ([email protected]) to obtain a specific license.
3.3 Compliance and Sanctions:
It is the sole responsibility of the LICENSEE to maintain the license in compliance with its current size and type of use. If the use of an incorrect license is identified, the LICENSEE will be notified and must provide the appropriate licensing, subject to the application of applicable legal and contractual sanctions.
4 Term
4.1 Commencement and Validity:
This Agreement begins at the moment of the FONT purchase confirmation and has an indefinite term of validity (lifetime use), conditioned on compliance with the rules of this instrument.
4.2 Change of Company Size:
Acquired licenses are for lifetime use, provided the company's size remains within the licensed category. If the LICENSEE's size increases, exceeding the limit of the acquired license, the LICENSEE must immediately pay the LICENSOR the difference between the original amount paid and the current value of the license category corresponding to its new size.
5 Values and Purchase
5.1 Values:
Licensing values are defined by the type of license chosen by the LICENSEE on the LICENSOR's website at the time of purchase.
5.2 Confirmation and Invoice:
Access to the FONT will be released to the LICENSEE after confirmation of the License payment, with the Invoice being issued subsequently by the LICENSOR.
5.3 Non-Refundable:
The license purchase is irrevocable and non-refundable after the FONT has been downloaded by the LICENSEE, due to the digital nature of the product and the impossibility of controlling its use or copying.
5.4 Data Protection (LGPD/GDPR):
The LICENSOR and its employees commit to maintaining confidentiality and protecting the data and information provided by the LICENSEE, in strict observance of the General Data Protection Law (LGPD) and the website's Privacy Policy.
6 Usage Rights
6.1 Nature of the License:
This instrument grants the right to use the chosen FONT in a non-exclusive, non-transferable manner, limited to the terms defined herein.
6.2 Legal Protection:
The FONT is protected by copyright and intellectual property legislation. The LICENSOR reserves the right to take all applicable legal and contractual measures in the event of a violation or breach of the clauses of this Agreement.
6.3 Intellectual Property:
No intellectual property rights, source code, or any other exclusive rights over the FONT are assigned, transferred, or sold to the LICENSEE.
6.4 Exclusivity:
Should the LICENSEE desire lifetime or fixed-period exclusivity over the FONT, they must formalize a specific and distinct contract with the LICENSOR.
7 Conditions of Use
7.1 Permitted Uses:
The LICENSEE is authorized to use the FONT in any final application they deem appropriate, including, but not limited to: printed materials, graphic design, websites (provided the font is used via webfont, respecting the appropriate technology), mobile apps, e-books, and any other existing or future media.
7.2 Sharing with Third Parties (Service Providers):
The LICENSEE may temporarily share the FONT files with third parties (such as printers, agencies, or developers) exclusively for the execution of services on behalf of the LICENSEE. These third parties are prohibited from using the FONT for themselves, for other clients, or projects, and must delete the files after the service is completed.
7.3 Prohibitions and Restrictions:
The LICENSEE is prohibited from sublicensing, selling, renting, transferring, assigning, donating, making publicly available on any website or repository, or performing any activity that grants access to the FONT files to unauthorized third parties.
7.4 Prohibition of Modification:
The LICENSEE is prohibited from modifying the FONT in typographic editing software to create a new font, subject to applicable legal and contractual sanctions.
7.5 Penalty:
In case of breach of clauses 7.3 and 7.4, the LICENSEE shall pay a fine of 10 (ten) times the value of the largest license category available on the LICENSOR's website, without prejudice to other judicial measures applicable for compensation for losses and damages.
8 General Conditions
8.1 Lawful Use:
The LICENSEE may not use the FONT in projects that promote illegal or discriminatory activities, intolerance, or illicit acts in their country. The LICENSOR disclaims any responsibility for improper use.
8.2 Force Majeure:
Cases of acts of God or force majeure do not constitute cause for termination of this Agreement.
8.3 Disclosure:
The LICENSOR is authorized to publish on its website or social media projects in which the LICENSEE has used the FONT, giving due mention to the LICENSEE's name and brand for promotional purposes.
8.4 Partial Nullity:
In the event that any provision or part of this Agreement is considered null or unenforceable by a judicial decision, the remaining provisions shall remain valid and in full force.
8.5 Waiver:
Any eventual tolerance by either Party regarding any obligation of the other Party will be considered isolated and shall not constitute a waiver, precedent, or novation of any kind.
8.6 Successors:
The terms of this Agreement shall bind the Parties and their respective successors, assignees, and legal representatives.
8.7 Jurisdiction (Forum):
This contract is subject to Brazilian laws. The jurisdiction of the District of Nova Prata/RS - Brazil is elected to resolve any issues or controversies arising from this Agreement, with the Parties waiving any other jurisdiction, however privileged it may be.