This End-User License Agreement (“EULA”) constitutes a binding legal agreement between you (the “Customer or Licensee”) and Playtype ApS, Vesterbrogade 80 B 1, 1620 København V, company registration number DK37311065.
Playtype ApS grants the Customer a limited, non-exclusive, non-transferable license to install and/or use the fonts and Font Software licensed from Playtype ApS according to the terms specified in this EULA, and any license confirmation and invoice.
The license is granted when either the Customer has accepted the EULA, completed the purchase, and downloaded the Font Software via an Internet web site. Alternatively if the acquisition is not made via an Internet web site, by the Customer completing the purchase of the Font Software and signing a license confirmation. The license confirmation, together with the invoice or receipt where applicable, serves as documentation for the license. The license applies to the Font Software that has been licensed and paid in full, and only for the number of users and/or purposes specified in the invoice or where applicable the license confirmation for the purchase.
A license is issued for a specific amount of fonts and/or Font Software, and a specific number of users and/or a specified purposes only. Playtype ApS is not transferring or giving license to any intellectual property rights related to the Font Software and/or fonts that is not explicitly specified in this EULA. The Customer is not allowed to copy, transfer, lend, license, lease, sell or distribute the fonts and/or Font Software in any form other than what is explicitly stated in this EULA. The rights granted by this EULA to the Customer is non-transferable, meaning the Customer may not sell, lease, sublicense or otherwise transfer any rights, duties or obligations under this EULA, in whole or in part, to anyone.
Corporate entities consisting of several companies or media publishers owning several magazines, newspapers or comparable must acquire licenses for each separate company, magazine, newspaper or comparable. These entities cannot share one license across the whole organisation.
If the Font Software is installed on more workstations than the ones specified in the license confirmation, and/or in the invoice or receipt where applicable, or if use of the font is extended to any purpose not covered by the license, this will be considered a material breach of this EULA. For questions regarding usage or upgrading of an existing license, please contact Playtype ApS.
For backup purposes, Playtype ApS allows for the Customer to make one copy of the Font Software and save it in an archive. This copy must be used for archival/back-up purposes only. Upon termination of the Customer’s license, the original Font Software must be destroyed together with the backup copy.
This EULA addresses different types of licenses permitting different usage. Playtype ApS offers the following types of licenses:
The Desktop License is granted for “Desktop Use” meaning installation of the Font Software on desktops, laptops or workstations and use as specified below under Usage.
With a Web-font License acquired through one of Playtype ApS’ web-font-hosting partners. The hosting partner will store and service the font ensuring browser optimisation and protection of the fonts through server referrals, caching, pattern matching and obfuscation of the font files. Please go to the Fontstand.com site, to learn more about this.
With a Web-font Self-hosting License the fonts must be hosted by the Licensee, and the Font Software should be stored and served securely from the same devices and location as the other software and assets associated with the domain names, which are covered by the license. The Licensee must take necessary precautions to prevent downloads of the font by unlicensed third parties. The use of third party font hosting services is strictly prohibited.
The Application License permits the licensee embedding the font in applications which includes using Font Software to style live text in applications, including but not limited to; software applications, mobile applications built to run natively on mobile operating systems and console games. The font must be in a secure format in digital applications, which only allow the user to view the font. Under no circumstances are the users allowed to perform any kind of download, editing, altering, extracting or other modification of the font.
The trial license permits the licensee downloading and installing the Font Software and fonts, solely for test and trial purposes. The Customer may not use the fonts in any final files for any project, commercial or non-commercial, without buying an appropriate license. The Customer must enter and send the following information in order to gain access to the trial Font software and fonts:
With a Desktop License the Licensee is permitted to use the Font Software for making documents, for printing and for other non-digital publications. This is only permitted from a desktop, laptop or workstation.
With a License for Standard Desktop Use the Customer’s use of the Font Software is limited to Personal, Studio and Business use only. “Personal, Studio and Business Use” means use of the Font Software for the Customer’s customary personal or internal business purposes, except where the Customer has acquired an express license. In such a case this shall not mean or include the commercial distribution or use of the Font Software, the design of the fonts or artwork embodied therein, or any component thereof, for any commercial use or in any commercial product for sale whatsoever. This includes, by way of example and not by limitation, t-shirts, physical signs, posters, third party software, electronic devices, mugs, newspapers, magazines, books, or other paper publications for commercial distribution etc.
For commercial distribution see Business License – Extended Desktop. A Standard Desktop Use does not allow the Customer or Licensee to embed or load the font in electronic documents, or html/css stylesheets, to style live or dynamic text in software applications or websites. This requires a separate license for Web Font Use.
The following specific methods of embedding are permitted under the Standard Desktop Use:
The following specific methods of embedding and usage are permitted under the Web-font License and the Web-font Self-hosting License:
The following specific methods of embedding are permitted under the Application addition, as an extension to the Business License:
With a Trial License the Licensee is strictly permitted only to use the Font Software and fonts for testing and trial purposes. The Customer can use the fonts for mockups, client presentations and pitches. The Customer may not, however, use the trial fonts in any final files for any project, commercial or non-commercial. Every other restriction and obligation in this EULA shall have effect on Trial Licenses.
If Playtype ApS becomes aware of and notifies the Customer of any type of use of trial fonts not permitted by this EULA, and if the Customer cannot prove towards Playtype ApS they have not used trial fonts in any files for any project, commercial or non-commercial, Playtype ApS shall be entitled to payment of an appropriate license, either a one-time fee or a yearly subscription, from the Customer. The provisions in this EULA for the appropriate license type shall have effect in this case.
By agreeing to this EULA, the Customer agrees to the fact that the Font Software and fonts embodied herein are copyright-protected, and that all intellectual property rights including copyrights, design rights and other rights to the Font Software and the fonts (including the design and art work, the metadata, font software etc.) belongs to Playtype ApS. These rights are not limited to any geographical area but apply worldwide. The Customer agrees to take all reasonable precautions to keep the Font Software and fonts secure and safe from unauthorised use.
All rights not expressly granted in this EULA are reserved to Playtype ApS.
The Customer is strictly prohibited from (1) resale or sub-licensing of the Font Software and the fonts or any modifications thereof in any way, (2) making public or sharing the Font Software and the fonts or any modifications thereof in any way that makes it possible for others to download, extract or redistribute the Font Software and the fonts as a standalone file, (3) misrepresent the authorship/ownership of the Font Software and the fonts, (4) using the Font Software and the fonts in any unlawful, unauthorized and/or immoral way, (5) apply for any protection of any Fonts as registered design rights, and (6) changing or modifying the fonts in any way.
Playtype ApS decides in its sole discretion whether to apply for protection of a design of a font as a registered design right, and in such case where to apply for registration of the design. Playtype has the exclusive right to enforce its rights in the fonts and the Font Software, and such enforcement shall be conducted at the sole discretion of Playtype ApS. In the case that Font Software is updated (e.g. if Playtype ApS makes new releases or additions of the same font(s) and chooses to make them available to previous Customers of the Font Software), these additions will be covered by this EULA and the terms and conditions herein. This applies regardless of who has made the additions or updates: Playtype ApS will still be the sole proprietors of all rights, titles and interests to the Font Software worldwide. The design and artwork embodied in the Font Software may not be changed by adding, deleting, modifying or in any other way changing or tampering with the design. Neither is it allowed to make any changes to the Font Software, including but not limited to adding, deleting, modifying or in any other way changing or tampering source code, metadata or copyright notices in the Font Software.
The standard file format of the Font Software that will be delivered upon purchasing a Standard Desktop License is OpenType Postscript (OTF). This format is valid for permitted usage within the Standard Desktop License and any of the license extensions to a Standard Desktop License. The OTF format is optimised for use in the Adobe suite. Upon purchasing a Web-font Self-hosting License for a font, the Font Software will be delivered in the EOT, WOFF and WOFF2 formats. If a Web-font License is purchased through Playtype ApS’ web font-hosting partners, the format that will be made available as a line of code which should be added in the CSS on the Customer’s website. Playtype ApS reserves the right to submit additional formats and to amend the existing Font Software at its discretion, as technical demands evolve.
The Font Software is provided ’as is’. Playtype ApS disclaims all warranties, representations and guarantees, express or implied, as to fitness for any particular purpose, merchantability or otherwise with respect to the Font Software. Playtype ApS does not warrant that the operation of the Font Software will be uninterrupted or error-free, or that the Font Software is without defects. The EULA furthermore does not contain any warranty of non-infringement and title or quiet enjoyment. To the extent permitted under Danish law, Playtype ApS shall not be liable for any injury, damage, any direct or indirect financial or economic loss, loss of profits, legal costs or any other cost, whatsoever as the result of the use, installation, dispersion or communication of the Font Software supplied by Playtype ApS. Playtype ApS is not liable for any viruses, bugs, errors or similar issues. Playtype ApS’ liability to pay any kind of damages, is under all circumstances limited to the price paid for the goods supplied or replacement of the Font Software; either of which shall be at Playtype ApS’ sole discretion.
Playtype Desktop License, as well as the web and application License, is subject to a one-time fee or a yearly subscription which is available for purchase through Playtype ApS.
The yearly subscription license is valid for one (1) year from the date stated in the invoice or the License Confirmation, where applicable. The yearly subscription is automatically renewed annually and invoiced unless the licensee terminates the agreement with 2 weeks notice before the end of an annual period.
Playtype ApS reserves the right to regulate prices when renewed annually with 2 weeks notice before the end of an annual period.
Once any fonts or Font Software has been downloaded, installed, embedded and/or used in any way, the Customer will not be entitled to a refund.
This EULA is effective until terminated. Playtype ApS reserves the right to terminate the EULA, in case the Customer does not comply with the EULA. In the event of such a termination, Playtype ApS must inform the Customer by email or regular mail. Consequently, the license granted in this EULA and in the License Confirmation is immediately cancelled, and the Customer must destroy all Font Software from Playtype ApS including backup copies and immediately stop using the Font Software. The Customer, by agreeing to this EULA, automatically waives any challenges to, defences or claims to defence as regards Playtype ApS’ right to the Font Software and Playtype ApS’ rights to terminate the EULA in the manner stated above.
If this EULA is terminated, the sections of “Intellectual Property Rights” and “Disclaimer & Limitation of Liability” shall still be binding for the parties in perpetuity.
If the customer’s breach of any of the terms in this EULA leads to a termination of the agreement, the Customer must pay half of the total amount of the license payment – either the one-time fee or yearly subscription – in fines, regardless and in addition to any previously paid license fees. If the Customer has used the fonts in any way that would have otherwise required another, separate license agreement and payment of a license fee, the Customer will pay the full amount of the license fee in question in addition to the penalty payment, however, a new license is not granted going forward, unless expressly stated by Playtype ApS.
All costs arising from a dispute about or a violation of this EULA are to be borne by the Customer. Any payments relating to a breach of contract, including but not limited to penalties, licensing costs, and legal costs, are due within 7 calendar days from sending of such invoices to the Customer by email or otherwise.
Playtype ApS is a company based in Denmark. Any dispute arising from this EULA shall be settled according to Danish law and at Playtype ApS’ venue in Denmark.
The Convention on Contracts for the International Sale of Goods (CISG) does not regulate this EULA.
The Customer acknowledges to be bound by the terms and conditions of this EULA, and further agrees that the EULA is the complete and exclusive statement of the agreement between Playtype ApS and the Customer. The EULA supersedes any prior proposal, prior agreement (oral or in writing) and any other communications relating to the subject matter of this EULA. No variation of the terms of this agreement or any different terms will be enforceable in the absence of a written express amendment, including a written express waiver of the terms of this EULA. If any part or provision of this EULA shall be held or made invalid by a court decision or rule of law or any other way, the remainder of this EULA shall not be affected thereby, and the rights and obligations of the parties shall be construed and enforced as if the EULA did not contain the particular part or provisions held to be illegal or invalid.
The failure of Playtype ApS to insist upon strict adherence to any term of this EULA on any occasion shall not be construed as a waiver, and shall not deprive Playtype ApS of the right thereafter to insist upon strict adherence to that term or any other term of this EULA.
Playtype ApS may transfer their rights and obligations under this EULA to another organization without affecting your rights and obligations under this EULA.