Please read this End User License Agreement (“EULA”) before You purchase a License Key for the 73 px Design System for Figma and subsequently download and use 73 px Design System for Figma.
By purchasing a License Key and/or downloading and using the 73 px Design System for Figma, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the 73 px Design System for Figma.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with 73PX LLC
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
“Documentation” the detailed information about the 73 px Design System for Figma and its features, as amended from time to time;
“Full version” the license for the 73 px Design System for Figma for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as part of a subscription) to Use 73 px Design System for Figma;
“License Key” an unique code provided by 73 px, which allows You to use the Full version of 73 px Design System for Figma and to subsequently use the 73 px Design System for Figma during the applicable license term;
“Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
“73 px”; 73PX LLC
“73 px Design System for Figma” any software application and/or all of the contents of the files and/or other media, licensed to You by 73 px, including any Updates;
“Updates” any modified versions and updates of, and additions to the 73 px Design System for Figma;
“Use” the access, download, copy or get benefit from using the 73 px Design System for Figma in accordance with the documentation;
“You” you, the final and ultimate user of the 73 px Design System for Figma or the authorized representative of a company or other legal entity that will be the final and ultimate user of the 73 px Design System for Figma, and the company or other legal entity that will be the final and ultimate user of the 73 px Design System for Figma, if applicable.
2.1 This EULA applies to any licenses granted to You by 73 px for the use of the 73 px Design System for Figma.
2.2 By purchasing a License Key for the 73 px Design System for Figma and/or downloading and using the 73 px Design System for Figma, You enter into this EULA with 73 px.
2.3 This EULA may be modified from time to time. 73 px will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.
3.1 73 px grants You a non-exclusive, non-transferable, limited, revocable license to Use the 73 px Design System for Figma in accordance with this EULA. 73 px reserves all rights not expressly granted to You.
3.2 73 px is and remains the owner of any intellectual property rights with respect to the 73 px Design System for Figma. You shall not acquire any ownership to the 73 px Design System for Figma as result of Your purchase of the License Key or Your Use of the 73 px Design System for Figma.
4. Permitted use and restrictions
4.1 You shall Use the Full version in accordance with applicable laws and shall not:
a. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version, or the preview version;
b. assign the License Key, the Full version, or the preview version without prior written approval of 73 px;
c. use the the Full version, or the preview version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
d. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the 73 px Design System for Figma.; or
e. copy (except as otherwise provided in this EULA), adapt (except as otherwise provided in this EULA), translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works (except as otherwise provided in this EULA) of the 73 px Design System for Figma and the License Key or any parts thereof, except to the extent permitted by applicable law.
4.2 73 px may modify the 73 px Design System for Figma at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
4.3 Certain components of the 73 px Design System for Figma are licensed under the terms of the applicable license(s). You shall adhere to these terms and conditions.
5. Maintenance and support
5.1 73px will notify You of any available Updates and upgrades.
5.2 You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the Full version. In order to receive Updates after this twelve months’ period, You will need to renew your License Key for the Full version.
5.3 You may need to pay an additional fee in order to be able to download an upgrade.
5.4 You can download available Updates and upgrades from the website of 73 px.
5.5 Any maintenance and support provided by 73 px, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
6.1 You Use the 73 px Design System for Figma at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
6.2 The 73 px Design System for Figma and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and 73 px specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by 73 px, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
7. Liability limitation
7.1 The liability of 73 px and any third party that has been involved in the creation, production, or delivery of the 73 px Design System for Figma for all damages arising out of or in any way relating to the Full version, the preview version, or the License Key, the 73 px Design System for Figma, and/or this EULA shall in no event exceed the total amount of $72.
7.2 73 px and any third party that has been involved in the creation, production, or delivery of the 73 px Design System for Figma are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the 73 px Design System for Figma).
8.1 This EULA will continue to be in force until the expiry or termination of the Full version.
8.2 The Full version will terminate automatically at the end of the applicable license term, unless renewed prior to the end of the applicable license term.
8.3 73 px is entitled to terminate the Full version or the preview version by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, or in the event 73 px is required to do so by law or an order of an applicable court.
8.4 You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
9. Governing law and disputes
9.1 This EULA shall be governed by and construed in accordance with the laws of Los Angeles, California in the United States of America.
9.2 Any dispute between 73 px and You shall exclusively be submitted to the competent court in Los Angeles, California.