These Terms of Service (“Terms”) apply to your (“you” or “your”) use of Formiq’s visual curation platform, mobile apps and desktop applications (the “Service”). By accessing and using the Service, you agree that these terms will become a legally binding agreement between you and Formiq, Inc. identified in these Terms (“Formiq”). These Terms are effective on the date they are published on our Service.
1. Overview
Formiq is a visual curation platform that empowers people to source material and design moodboards virtually. When you use the Service, you’ll have access to a variety of materials provided by Formiq and their brand partners to use in your designs (“Licensed Content”). You also have the option to upload your own content (“User Content”), such as images and files, which you have full control and responsibility over. You can use Licensed Content, your User Content, and tools available in Formiq to create your Designs.
The Service is made available on formiqs.us, mobile apps, desktop applications, and in other forms provided or made available by Formiq.
Your use of the Service is subject to the following:
You agree not to upload content, create designs, or use Formiq, directly or indirectly, in any manner that: Promotes or creates a risk of physical or mental harm, emotional distress, death, disability, or disfigurement to yourself, any person, or animal; Promotes or creates a risk of harm, loss, or damage to any property;Seeks to harm or exploit children;Is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, libelous, or threatening; Discriminates, incites, or promotes discrimination against others based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis;Is sexually explicit or pornographic in nature or contains links to such material; Involves the sale or promotion of illegal activities, products, or services;Is fraudulent or promotes fraudulent activity; Violates the rights of any individual or third party, including their intellectual property and data privacy rights; Contains any information or content that you do not have a right to make available under any law or due to confidentiality, contractual, or fiduciary duties;Contains any information or disinformation that is false, deceptive, or misleading or otherwise promotes, endorses, encourages, or facilitates the spread of false information; Violates any applicable law or promotes activities that are illegal in nature; Threatens or undermines democratic processes or institutions. By using the Service you acknowledge and agree to Formiq’s Privacy Policy.
Formiq reserves the right to remove User Content that violates the Content Use Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
You may use the Service only if you can form a binding contract with Formiq and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) These terms may vary depending on where you live, but in any case, you must be at least 13 years old to use Formiq.
2. Using the Service
a. Age Requirement
Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).
b. Access to the Service
Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Formiq reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. You may not allow any other party to access or use the Service with your unique username, password, and / or other security code. Formiq cannot and will not be liable for any loss or damage arising from your failure to comply with the above. In consideration for our granting you access to and use of the Service, you agree that Formiq and our third-party providers and partners may place advertising on the Service or in connection with the display of User Content or information from the Services whether submitted by you or others. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Formiq, its users and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
c. Anti-discrimination
Formiq does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.
d. Restrictions on Use of the Service
You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
3. Security and Data Privacy
Formiq’s Privacy Policy describes how Formiq collects, uses, transfers, discloses and stores your personal data.
4. Content and Designs
a. User Content
You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Formiq, you own all right, title and interest in and to your User Content. You grant Formiq a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content in a Design that you’ve shared with others, you grant Formiq a perpetual, royalty-free, sublicensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make that Design available. When you upload content to Formiq, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we do need you to give us certain rights to store it and have it ready for you to use in your designs.
b. Designs
Your Designs may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of Designs containing Licensed Content are subject to the applicable terms of the Content Use Agreement .We never own your designs, but there may be certain restrictions depending on the types of Formiq provided content you’ve included in your designs.
d. Sharing and Publishing Your Designs
You may publish or share Designs with others within the Service, via a Third Party Service, or via a link. Formiq maintains no responsibility in relation to such sharing of Designs and Formiq’s enablement of such activity or the Service’s performance of actions to publicly share Designs at your instruction shall not be considered a violation of any of Formiq’s obligations under these Terms.There are a number of ways to share your designs with the world. You’re responsible for who you share them with and how you do it.
5. Intellectual Property
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Formiq and its licensors. You assign to Formiq any suggestions, ideas, enhancement requests, or other feedback you provide to Formiq relating to the Service or Formiq products. Formiq owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
We get great ideas about how to improve Formiq from our users. If you share feedback or ideas with us, you’re letting us use that information to improve Formiq, and we own any of those improvements we make.
6. Disclaimers
The Services are Available "AS-IS"
Your access to and use of the Services or any User Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Formiq refers to its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, Formiq disclaim all warranties and conditions, whether express Formiq make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any User Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any User Content; (iii) the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Formiq or through the Service, will create any warranty or representation not expressly made herein.
7. Third Party Products, Materials and Services
a. Third party products and materials
All materials, branded products and virtual samples are digital representations of their original form. Due to differences in monitors and technical factors, paint colors represented are approximations and not exact matches. This digital representation of color should only be considered a guide. Please refer to actual swatches for true color.
b. Third party services
You may elect to use the Service in conjunction with third-party websites, platforms or apps. Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. Formiq makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services. Within Formiq, you can use apps created by third parties. Those apps might have their own set of terms that apply to you and because the apps were created by third parties, we can’t be responsible for them.
8. Your Indemnity Obligations
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Formiq and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content. If Formiq suffers harm due to your content or your violation of these Terms, or if someone tries to hold Formiq responsible for your content or your violations, you’ll be responsible for any costs incurred by Formiq and defending Formiq.
9. Limitation of Liability
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 EURO or (ii) the subscription fees paid by you to Formiq during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’Formiq is not responsible for, and assumes no liability for, the contents of User Content. These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.
10. Term and Termination
a. Term
These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Formiq’s free offering, when your account is deleted or terminated.
b. Violations
If Formiq, in its reasonable discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, Formiq’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) Formiq may take one or more of the following actions: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.If you break the rules, we have the right to remove you and everything in your account from the Service.
c. Effect of Termination
In the event of termination of your subscription for cause due to default by Formiq, Formiq shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Designs, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. User Content included in any shared Design will continue to available within that Design even after the expiration of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Designs using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any Formiq Service unless you receive Formiq’s written permission.
d. Survival of Terms
Sections titled “Term and Termination,” “Intellectual Property,” “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.
11. Miscellaneous
a. Compliance with Applicable Law
You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. Formiq agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
b. Governing Law
These Terms will be governed by and construed in accordance with the laws of the the jurisdiction in which Formiq, Inc. is registered, without regard to its conflict of laws provisions.
c. Export Restrictions
The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit Formiq from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
d. Dispute Resolution
If you have a dispute arising out of these Terms, contact us and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute, you and Formiq each agree to resolve any claim, dispute, or controversy (excluding any Formiq claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), by binding arbitration in accordance with the applicable arbitration rules as at present in force and as may be amended by the rest of this Clause:The appointing authority shall be a mutually agreed arbitration provider; or alternatively, an appointing authority may be appointed by Formiq at its sole and absolute discretion in any country which Formiq considers as fit and appropriate. Any User(s) who are in dispute Formiq acknowledge(s) and agree(s) that the choice of appointing authority nominated by Formiq shall be final and conclusive. The place of arbitration shall be mutually agreed at the agreed arbitration provider; or alternatively, at any such arbitral body in any country as Formiq considers fit and appropriate at its sole and absolute discretion. Any User(s) who are in dispute with Formiq acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by Formiq shall be final and conclusive. There shall be only one arbitrator. The language to be used in the arbitral proceedings shall be English. In the event of any breach of the Terms by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
e. Assignment
You may not assign these Terms or any of your rights under these Terms without Formiq’s consent except to any successor by way of a merger, acquisition, or change of control. Formiq may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
f. Conflicts
If there is any conflict among (i) these Terms, (ii) specific terms of use appearing on the Services. (iii) Privacy Policy; and (iv)Content Use Agreement, and/or any specific terms and conditions of use in respect of any special events hosted by Formiq, the latest shall prevail over other documents and then the following descending order of procedure shall apply:- (i) Privacy Policy; (ii) specific terms of use appearing on the Services; and (iii) the Terms of use, subject always to the express contrary provisions (if any) contained in the aforesaid documents.
g. Severability
The provisions of the Terms shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
h. Waiver
Formiq express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Formiq’s ability to enforce any provision thereafter.
j. Changes to these Terms
We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on formiqs.us. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
k. Changes to the Service
Formiq may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Formiq discontinues the Service you are using during your subscription, Formiq will migrate or make available to you a substantially similar service provided by Formiq (if available) and if it’s unable to do so, Formiq will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
m. Entire Agreement
These Terms and the terms and policies referenced herein constitute the entire agreement between you and Formiq with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Formiq, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.
Content Use Policy
Formiq offers a library of amazing virtual material samples and content to use in your designs, including virtual samples, images, templates (Content) etc.. If you export a Formiq design that contains Content*, you agree to be bound by the terms of this Content License Agreement, the Formiq Privacy Policy and these Terms of Use. Defined terms used in this section have the meaning given elsewhere in these Terms of Use.
1. Overview
Formiq offers a library of amazing materials and content to use in your designs, including virtual samples, images, templates (Content) etc, By using a piece of Content in a Formiq, you’re bound by this agreement. If you don’t agree to the terms of this agreement, please don’t use any Content. Formiq reserves the right to cancel or change the licenses granted by this agreement. We reserve the right to replace the Content with an alternative. All Content on Formiq is protected by the jurisdiction in which Formiq, Inc. is registered and international copyright. Formiq and its contributors reserve all rights that aren’t explicitly given to you under this license. That includes all copyright and intellectual property rights.
2. Content licenses
Under the terms of this Agreement, we grant to you a perpetual, non-exclusive, non-transferable (subject to section 4A below) worldwide license to use the content on Formiq in your designs.
3. Getting a license
A license is issued to you when you Export or share a Formiq Design, for each piece of Content contained in your Design. Free Content licenses are issued at no cost.
4. Additional Rights for Client Designs
You may transfer a Formiq Design containing Content to a client for the client’s own use, subject to the following terms:You will enter into an agreement with your client that stipulates that the client’s use of the Formiq Design must be only for their use and must be in accordance with these terms;You will remain solely responsible and liable for your client’s compliance with these terms
5. Permitted uses of all Content on Formiq
These are the things this Agreement permits you to do or make with Formiq Designs that contain Content: Moodboards, material boards, Advertising and promotional projects, presentations, catalogues, brochures, newsletters, social media content, without any reproduction quantity limit;school or university projects;social media post or profile image;decorative background on a personal computer or mobile device;design templates solely for use on Formiq; entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations of unlimited prints;online or electronic publications, including web pages, blogs,prints, posters (i.e. hardcopies) and other reproductions for personal or promotional purposes, resale, license or other distribution;any other uses approved in writing by Formiq.
6. Additional Permitted Uses for Content only
Use the Content in more than one Formiq Design without obtaining an additional license; Download the Content on a standalone basis; andUse the Content in templates for websites, social networking websites, documents, projects or otherwise for distribution and/or sale to third parties;Use the Content in design template applications intended for resale, whether online or not, including, without limitation, templates, design templates.
7. Prohibited uses
You definitely can’t do these things with any Content on Formiq: sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Content License Agreement (subject to section 4A);use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark (excluding fonts);use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. In this agreement, “Editorial Use Only” content means relating to events that are newsworthy or of general interest and expressly excludes any advertorial use (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);remove any notice of copyright, trade-mark or other proprietary right from any Content or Formiq Design; Use or display the Content on a standalone basis on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;use the Content in a way that is pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;use the Content in a way that places any person depicted in the content in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content, or content in violation of any applicable industry codes or regulations. You may not use content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;use Content in a manner that competes with Formiq’s business including, but not limited to, displaying content in any format (including thumbnails) for download or export on a website, or offering content for sale;incorporate the Content in any product that results in a re-distribution or re-use of the content or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file;to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;use or display the Content in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;use or display Content in a manner that gives the impression that the Content was created by you or a person other than the copyright holder of the Content (including without limitation, by claiming ownership of, or exclusive rights to, the Content);use Content for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
8. Violation of this License and Termination
Formiq will keep track of your designs and your account to make sure you’re not breaking this License or any of our Terms. This might include monitoring downloads and Exports, retaining details of your Formiq Designs and tracking abuse of your username and password. If you *do* break this license, we may suspend or terminate your account without notice. If your account is terminated for violating this license or any abuse of a username or password, you will lose all rights to Content and Formiq designs and must immediately delete all Content and Formiq designs acquired from Formiq, and forfeit all fees paid. You can terminate your Content license by destroying the Content and Formiq Design, along with any copies or archives of it or accompanying materials (if applicable), and no longer using the Formiq Design for any purpose. Formiq can terminate these Content licenses without advance notice if you fail to comply with any of its terms. If that happens, you must immediately (i) cease using the Content and any Formiq Designs containing the Content for any purpose; (ii) destroy or delete all copies and archives of the Content and any Formiq Designs containing the Content or accompanying materials; and (iii) if requested, confirm to Formiq in writing that you have complied with these requirements.
9. Infringement claims
If you find out – from Formiq or somewhere else – that there’s a claim of infringement of another’s right for which Formiq might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Formiq know as soon as possible by emailing Formiq.
10. Disclaimers
Releases are generally not obtained for Content, and some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. Formiq doesn’t grant any right nor make any warranty for the use of names, people, trademarks, trade dress, logos, registered designs or works of art or architecture depicted in Free Content. You’re solely responsible for determining whether a release is required for any proposed use of Content, and obtaining any such release. While we’ve made reasonable efforts to correctly categorize, keyword, caption and title the content, Formiq does not warrant the accuracy of that information or any metadata that may be provided with the Content. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL FORMIQ OR ITS SUPPLIERS, , BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. This does not exclude any warranties that you may be entitled to that are not able to be excluded under applicable consumer laws.