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EULA

 

This page gives you all legal information about end-user licencing and permitted font usage. Read this page before downloading and installing font software. Contact Playtype for any questions or specific requirements in terms of licencing and use of fonts for specific purposes.

Playtype EULA (End-User License Agreement) — Applicable for Retail Fonts
Latest version updated on August 22, 2013

 

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 DK33062354.

The EULA governs the terms of use of the font software provided by Playtype ApS and the fonts embodied herein (hereafter collectively referred to as the “Font Software”). By installing or using the Font Software downloaded from playtype.com, Playtype ApS’ partners or in any other way acquired through Playtype ApS, you accept the terms of the EULA and guarantee that you represent and have the right to bind the person, company or other legal entity specified as the Customer of the Font Software on the invoice. By installing, downloading, or using the Playtype Font Software, you confirm that you have read, understood, and agreed to the terms of the EULA.

Scope of the license

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, or if the acquisition is not made via an Internet web site, by the Customer completing the purchase of the Font Software and undersigning a license confirmation. The license confirmation together with the invoice or receipt where applicable, serve 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, and it is not allowed for the Customer 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.

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 and cannot share one license across the whole organization.

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 would 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 allow 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.

Types of licenses

This EULA addresses different license types permitting different usage. The following types of licenses are offered by Playtype ApS:

  • Standard Desktop License
  • Web-font License
  • Web-font Self-hosting License
  • Enterprise license

In addition, Playtype ApS offers the following extension licenses to the Standard Desktop License:

  • Editable Embed License
  • Application License
  • Royalty License

Standard Desktop License

This is the basic license type issued by Playtype ApS. The Standard Desktop License is granted for “Standard Desktop Use” meaning installation of the Font Software on desktops, laptops or workstations and use as set out below under Usage. The Standard Desktop License 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 – see section 5 for usage of fonts under different license types. Nor does this license allow the Customer (or Licensee) to use or apply the Font Software and/or the design and artwork embodied herein on commercial products other than what is authorized under this license, which is (by way of example not limitation) production of a newspaper, magazine, book or other paper publication, print advertising, broadcast advertising, signage, and point of sale displays. Application of the Font Software and/or the design and artwork embodied herein for other than the authorized use described above requires a specific Royalty License.

Web-font license & Web-font Self-hosting License

Licenses to embed/load the font on web sites require an separate license independent from the Standard Desktop License as such use is not allowed under the Standard Desktop License. The two web-font licenses do not allow the Customer to install the Font Software and does not allow the Customer to use the Font Software for the purposes covered by the Standard Desktop License.

A Web-font Self-hosting License is available for business use only. With a Web-font Self-hosting License the fonts must be hosted by the Customer 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 Customer must take necessary precautions to prevent download of the font by unlicensed third parties. The use of third party font hosting services is strictly prohibited.

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 optimization and protection of the fonts through server referrals, caching, pattern matching and obfuscation of the font files.

Enterprise License

This license allows for large corporations to use Playtype fonts freely within their organisation according to the specific needs. This custom license allows for bundling of different licenses to for usage across media and the scope of the agreement is individual and is decided case by case.

Extensions to the Standard Desktop License

The Standard Desktop License can be extended to cover additional usage as set out below. See further definition of permitted usage in section 5.:

Editable Embed License

This is an extension to the Standard Desktop License to use the Font Software for the purpose of embedding it in electronic documents (Adobe Portable Document Formats) and system templates. The Editable Embed License allows recipients of the of the electronic document or template to view, print and further edit or modify the text and structure of the document in which the fonts are embedded without the recipient having the actual font installed. This license is only issued as an extension to the Standard Desktop License and the purchase of a Standard Desktop License is therefore a precondition for this license.

Application License

This is an extension to the Standard Desktop License to use the fonts for the purpose of embedding it in native software applications. This license is only issued as an extension to the Standard Desktop License and the purchase of a Standard Desktop License is therefore a precondition for this license.

Royalty License

This is an extension which grants the Customer the right for commercial use of the Font Software and/or the design and artwork embodied herein in printed and physical materials, and in digital materials, (provided the Font Software is not embedded herein) which are not otherwise authorized under the Standard Desktop License. Commercial uses permitted under a Royalty License include, by way of example but not limitation, t-shirts, physical signs, posters, third party software, electronic devices, mugs, etc. A Royalty License does not permit the Customer to embed the font in commercial software applications, as such use requires an Application License.

The Customer may contact Playtype ApS to clarify whether a specific use is permitted under the Customer’s license(s) and to purchase or to upgrade a license.

Intellectual Property Rights

By agreeing to this EULA, the Customer agrees to the fact that the Font Software and fonts embodied herein is 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.) rest solely with Playtype ApS. These rights are not limited to any geographical area but apply worldwide.

All rights not expressly granted in this EULA are reserved to Playtype ApS.

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 case the 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.

Usage of fonts

With a Standard Desktop License the Customer’s use of the Font Software is limited to Personal and Business Use only. “Personal or Business Use” shall mean use of the Font Software for the Customer’s customary personal or internal business purposes and, except where the Customer has acquired express license hereto, 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 including, by way of example and not by limitation, t-shirts, physical signs, posters, third party software, electronic devices, mugs, etc. The exception is when used for authorized commercial use of the Font Software which include, by way of example and not by limitation, newspapers, magazines, books, other paper publications, print advertising, broadcast advertising, signage, point of sale displays, etc.

With a Standard Desktop License the Customer is from a desktop, laptop or workstation permitted to use the Font Software for making documents for printing and other non-digital publications, if not expressly covered by another license.

Depending on the type of license acquired, the Customer shall be permitted to embed the acquired font in different ways. Embedding is defined as the creation of electronic documents which contain a copy of the Font Software or parts hereof, or data describing the shape or outline of any part of the font. Embedding can be substituted with other methods of usage for web or other forms of digital publication in a way where they are not embedded but instead used as images. In image files such as JPEG, PNG, TIFF, and BMP-files, the font forms part of an image, where it is not possible to ‘grab’ or extract the font or the Font Software in any way as is otherwise the case with an embedded font. Therefore, such image formats are allowed as long as the image files feature fixed images and do not feature more than 50% of the character set in the Font Software. Further it is a requirement that the images do not (1) feature outlines of the font(s), (2) permit alteration by a third party, or (3) contain elements from the Font Software that are larger than 500 pixels in height.

Standard Desktop License

The following specific methods of embedding are permitted under the Standard Desktop License:

  • Embedding of the font in a workflow PDF for the purpose of providing a document to an outside supplier (e.g. to a supplier of printing services). In such cases the workflow PDF must comply with the following specifications: workflow PDFs must be transmitted individually on a one-by-one basis. This must take place on a closed-network. Under no circumstance does this EULA permit the Customer or anyone acting on behalf of the Customer to make workflow PDF-files or other documents where the Font Software is embedded accessible to public download, broadcast or comparable, e.g. on a publicly accessible web page or comparable.
  • Embedding of the font on a website done using the javascript-based Cufón, provided the font is limited to one or several domains.
  • Embedding of the Font Software in Flash Files (SWF format) for the purpose of creating vector graphics for web pages. In such cases the following restrictions apply: Flash files must be ‘static’ and not ‘dynamic’ in order to prevent any third party from extracting, copying, modifying or any other way gaining access to the Font Software, Flash files must be configured as ‘Protect from Import’, finally Flash files must have ‘subsetting’ enabled and limit the number of characters from the Font Software that are embedded.

Extensions to the Standard Desktop License

Other specific methods of embedding than the ones mentioned above are not permitted under the Standard Desktop License, but require separate licensing.

5.2.1 Application License

The following specific methods of embedding are permitted under the Application License as extension to the Standard Desktop License:

  • 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, including but not limited to iOS, Android, and Windows Mobile, and video games.
  • In such cases the font must be in a secure format in digital applications, which only allow the user to view the font, and under no circumstances allow the user to any kind of download, editing, altering, extracting or otherwise modifying of the font.
Editable Embed License

The following specific methods of embedding are permitted under the Editable Embed License as extension to the Standard Desktop License:

  • Embedding the font in an editable Portable Document Format ("PDF") or in software system templates allowing recipients of the electronic document to view, print and further edit or modify the text and structure of the document in which the font is embedded, without the recipient having installed the actual font, and saving changes to the original document. Under no circumstances must the recipients of the electronic document be able to download or extract the fonts from the document.
Web-font License & Web-font Self-hosting License

The following specific methods of embedding and usage are permitted under the Web-font License and the Web-font Self-hosting License:

  • Usage or embedding of the Font Software as “Web-fonts” to style HTML and SVG documents using the CSS "@font-face" mechanism protecting and securing the font from download, extraction or editing. The Customer agrees to use reasonable measures to prevent the access to the Font Software in the application by unlicensed parties. Note that other embedding or linking uses or techniques such as PDF, EPUB, iOS and/or Android native applications are not permitted under the Web-font License, but requires separate license(s) hereto. See section 3.2 for the terms of usage within the two different licenses available.

Formats

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, SVG and TTF formats.

If a Web-font License is purchased through Playtype ApS’ web-font-hosting partners the format that will be made available is 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.

Disclaimer & Limitation of Liability

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, injury or damage 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.

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.

Pricing

Playtype Standard Desktop License as well as the extensions to the Standard Desktop License, except the Royalty License, is subject to a one-time fee.

The two Web-font licenses are paid as a yearly subscription.

The Web-font Self-hosting License, which is available for purchase through Playtype ApS is valid for a period of one (1) year from the date stated in the invoice or the License Confirmation, where applicable. The yearly subscription is automatically renewed unless the Customer has terminated the license with two (2) weeks’ notice before the end of a yearly license period.

The Web-font License, which is available through Playtype ApS’ web-font hosting partners, are also based on a subscription agreement. The terms of this agreement are agreed with the specific hosting partner.

The price of the Royalty License is 15% of the Customer’s revenue on the commercial products covered by the license based on a minimum fee. The fee is payable quarterly or yearly according to the specific agreement.

The Enterprise License is paid as a one-time fee covering the period which the License I valid. The License can be renewed to cover an additional period.

The pricing of licenses is based on a number of variables. Pricing models for the different license types are available in our Licensing & Pricing section.

Termination

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.

Venue and choice of law

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.

Other

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 which 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 an express written amendment including a written express waiver of the terms of this EULA.

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.