All CAPS Pass License Agreement

This All CAPS Pass License Agreement ("Pass Agreement") constitutes a binding supplement to the Font Software License Agreement Version 2.0 ("Standard EULA"), available at capitalics.wtf/licenses, between the Licensee and the Licensor. By purchasing an All CAPS Pass, the Licensee agrees to the terms of both this Pass Agreement and the Standard EULA. In the event of any conflict between this Pass Agreement and the Standard EULA, the terms of this Pass Agreement shall prevail with respect to the scope of use granted under the All CAPS Pass.

Licensor Information

All terms defined in the Standard EULA retain their meaning in this Pass Agreement. The following additional definitions apply:

• All CAPS Pass ("Pass"): A license granting the Licensee access to the Licensor's full font library for Internal Use, available as either a Lifetime Pass or a Subscription Pass, subject to the terms of this Pass Agreement.
• Lifetime Pass: A one-time, perpetual license granting the Licensee indefinite access to the Full Font Library for Internal Use, subject to the terms of this Pass Agreement.
• Subscription Pass: A recurring monthly license granting the Licensee access to the Full Font Library for Internal Use, contingent on continued payment of the applicable subscription fee. The Subscription Pass remains active for as long as payments are current.
• Pass Tier: The specific level of the Pass purchased by the Licensee, which determines the Employee Limit, included Commercial Licenses, and support terms. The available tiers are Studio Pass, Agency Pass, and Partner Pass.
• Employee Limit: The maximum number of Authorized Users permitted under the Licensee's Pass Tier, as specified in Section 5 of this Pass Agreement.
• Internal Use: Use of the Font Software strictly within the Licensee's organization for non-published purposes, including but not limited to: design exploration, creative pitches, client presentations, mockups, prototypes, internal documents, proof-of-concept work, and testing. Internal Use does not generate a requirement for a Commercial License.
• Published Work: Any design, product, or material incorporating the Font Software that is made publicly available, distributed to end-users, or deployed in a production environment. Published Work includes but is not limited to: launched websites, printed materials in distribution, published applications, broadcast media, and any other commercially distributed output.
• Full Font Library: The complete collection of font families made available by the Licensor through the All CAPS Pass program at any given time, including all font families available at the time of purchase and any font families subsequently added by the Licensor.
• Included Commercial License(s): A specified number of standard Desktop commercial licenses included with certain Pass Tiers at no additional cost, as detailed in Section 5.

1. Subject to full payment of the applicable Pass Tier fee and adherence to this Pass Agreement, the Licensor grants the Licensee a non-exclusive, non-transferable license to install and use the Full Font Library for Internal Use within the Licensee's organization. For Lifetime Pass holders, this license is perpetual. For Subscription Pass holders, this license is contingent on continued payment of the applicable subscription fee.
2. Lifetime Pass. The Lifetime Pass is granted as a one-time purchase with no recurring fees for Internal Use. The Licensee retains the right to use the Font Software for Internal Use indefinitely, provided this Pass Agreement is not terminated under Section 9.
3. Subscription Pass. The Subscription Pass is granted on a monthly recurring basis. The Licensee retains the right to use the Font Software for Internal Use for as long as subscription payments are current. If the subscription lapses, the Pass is suspended as described in Section 9A.
4. The Pass grants access to the Full Font Library as it exists at the time of purchase and as it is updated thereafter. The Licensee shall automatically receive access to any new font families added to the Licensor's library for the duration of the Pass, at no additional cost.
5. The license covers all Authorized Users within the Licensee's organization, up to the Employee Limit of the applicable Pass Tier.
6. Library changes. The Licensor may add new font families to the Full Font Library at its discretion. If the Licensor removes a font family from the library, the Licensee retains the right to continue using any font files already downloaded and installed under this Pass for Internal Use. The Licensor shall make reasonable efforts to provide thirty (30) days' notice before removing a font family from the Full Font Library.
7. Service continuity. If the Licensor ceases operations or discontinues the All CAPS Pass program, the Licensee retains the right to continue using all font files downloaded and installed prior to discontinuation for Internal Use in perpetuity, subject to all other terms of this Pass Agreement. This provision does not grant any rights beyond Internal Use without a separate Commercial License.
8. This license does not grant commercial use rights. Any Published Work incorporating the Font Software requires a separate Commercial License, as specified in Section 6.

Under the All CAPS Pass, the Licensee and its Authorized Users may:

1. Install the Font Software from the Full Font Library on any number of Devices used by Authorized Users within the Licensee's organization.
2. Use the Font Software for design exploration, creative development, and Internal Use without limitation on the number of projects or clients.
3. Create pitches, proposals, mockups, wireframes, prototypes, and client presentations incorporating the Font Software, provided these materials are used for internal decision-making purposes and are not themselves Published Work.
4. Produce internal documents, reports, and communications incorporating the Font Software for use within the Licensee's organization.
5. Share design files containing the Font Software with clients for review and approval purposes only, provided the font files themselves are not made available for extraction or independent use by the client.
6. Embed the Font Software in PDF documents shared with clients for review purposes, provided all reasonable measures are taken to prevent font extraction from the document.

The Licensee may not:

1. Redistribute the Font Software to clients, third parties, or any individual or entity outside the Licensee's organization. Clients who require direct access to the Font Software must obtain their own license from the Licensor.
2. Sublicense, sell, lease, rent, or loan the Font Software or any rights granted under this Pass Agreement.
3. Exceed the Employee Limit of the applicable Pass Tier without upgrading to a higher tier or obtaining the Licensor's written consent. The Licensee must notify the Licensor within seven (7) days if the number of Authorized Users exceeds the Employee Limit.
4. Use the Font Software in Published Work without first obtaining a separate Commercial License for the specific font family used, except where Included Commercial Licenses apply (see Section 5).
5. Modify, alter, decompile, reverse-engineer, or create derivative works from the Font Software, consistent with the restrictions in the Standard EULA.
6. Use the Font Software in any machine learning, artificial intelligence (AI) training, or automated font-generation processes without prior written consent from the Licensor.
7. Transfer the Pass to another individual, company, or entity without the Licensor's prior written consent.
8. Provide font files to contractors or freelancers who are not Authorized Users within the Licensee's organization. Contractors requiring access to the Font Software for work on the Licensee's behalf must either be counted within the Employee Limit or obtain a separate arrangement with the Licensor.

The All CAPS Pass is available in the following tiers. The Licensee must select the tier that corresponds to the total number of individuals in their organization who will access the Font Software.

5.1. Studio Pass

5.2. Agency Pass

5.3. Partner Pass

Included Commercial Licenses are standard Desktop licenses as defined in Section 7 of the Standard EULA. They may be applied to any font family in the Full Font Library and are consumed upon use. Included Commercial Licenses do not expire, but once consumed, additional Commercial Licenses must be purchased separately.

Tier Upgrades. If the Licensee's organization grows beyond the Employee Limit of their current tier, the Licensee must upgrade to the appropriate tier. The upgrade fee shall be the difference between the current tier price and the new tier price at the time of upgrade, unless otherwise agreed in writing.

1. When a Commercial License is required. A separate Commercial License must be obtained before the Font Software is used in any Published Work, including but not limited to:
   • Launched websites or web applications (requires Web license)
   • Printed materials in commercial distribution (requires Desktop license)
   • Published mobile or desktop applications (requires App license)
   • eBooks or digital publications in distribution (requires ePub license)
   • Video, broadcast, or streaming content (requires Video/Broadcast license)
   • Branding, packaging, or signage in production (requires Desktop license)
2. How to obtain a Commercial License. The Licensee may purchase Commercial Licenses directly from the Licensor at the standard rates published on the Licensor's website, or by contacting the Licensor at fonts@capitalics.wtf. Included Commercial Licenses (where applicable to the Pass Tier) may be applied upon written request to the Licensor.
3. Client licensing. If a client of the Licensee requires independent use of the Font Software (e.g., for in-house production, internal communications, or digital products), the client must purchase their own license from the Licensor. The Licensee may not transfer or sublicense any rights under this Pass Agreement to clients.
4. Grace period. If the Licensee inadvertently publishes work incorporating the Font Software without a Commercial License, the Licensee must notify the Licensor within seven (7) days and obtain the appropriate license. Failure to do so shall constitute a breach of this Pass Agreement.

1. The Licensee agrees that the Licensor may, upon thirty (30) days' written notice, request documentation confirming compliance with this Pass Agreement, including but not limited to:
   • The number of Authorized Users accessing the Font Software.
   • A list of Published Work incorporating the Font Software, along with the corresponding Commercial License references.
2. The Licensee must respond to such requests within thirty (30) days.
3. The Licensor may request compliance documentation no more than once per twelve (12) month period, unless there is reasonable evidence of a breach, in which case additional requests may be made.
4. If an audit reveals non-compliance, the Licensee shall have fourteen (14) days to cure the breach, including payment of any outstanding Commercial License fees. If the breach is not cured, the Licensor may terminate this Pass Agreement under Section 9.

1. The Font Software is provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
2. The Licensor warrants that the Font Software does not infringe on any third-party intellectual property rights.
3. The Licensor is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Font Software under this Pass Agreement, even if advised of the possibility of such damages.
4. The Licensor's total aggregate liability under this Pass Agreement shall not exceed the amount paid by the Licensee for the Pass.
5. The Licensor will provide technical support in accordance with the support terms of the Licensee's Pass Tier, as specified in Section 5.

1. This Pass Agreement shall remain in effect in perpetuity unless terminated as provided in this section.
2. Termination by Licensor. The Licensor may terminate this Pass Agreement if the Licensee:
   • Fails to cure a material breach within fourteen (14) days of written notice.
   • Redistributes the Font Software to unauthorized third parties.
   • Materially exceeds the Employee Limit and fails to upgrade within seven (7) days of notification.
   • Uses the Font Software in Published Work without obtaining the required Commercial Licenses and fails to cure within seven (7) days of notification.
3. Effect of termination. Upon termination, the Licensee must immediately:
   • Cease all use of the Font Software.
   • Delete all copies of the Font Software from all Devices and servers.
   • Confirm deletion in writing to the Licensor within fourteen (14) days.
4. Survival. Termination of this Pass Agreement does not affect:
   • Any Commercial Licenses separately purchased by the Licensee, which remain governed by the Standard EULA.
   • Any Included Commercial Licenses that were activated and consumed prior to termination, which remain governed by the Standard EULA.
   • Published Work that was lawfully produced under a valid Commercial License prior to termination.
   • The Licensor's right to pursue damages for breaches that occurred prior to termination.
5. Unused Included Commercial Licenses. Any Included Commercial Licenses that have not been activated and consumed at the time of termination are forfeited and may not be used after termination.

1. Suspension. If a Subscription Pass holder fails to make a scheduled payment, the Pass shall be automatically suspended. During suspension, the Licensee may not install, use, or access the Font Software for any purpose, including Internal Use.
2. Deletion requirement. Upon suspension, the Licensee must delete all copies of the Font Software from all Devices and servers within fourteen (14) days. Any Published Work produced under a valid Commercial License prior to suspension remains unaffected by the suspension.
3. Reactivation. A suspended Subscription Pass may be reactivated by resuming payment. Upon reactivation, the Licensee regains access to the Full Font Library for Internal Use under the same Pass Tier.
4. Termination after suspension. If a suspended Subscription Pass is not reactivated within ninety (90) days, the Pass Agreement shall be deemed terminated, and the provisions of Section 9.3 and 9.4 shall apply.

1. This Pass Agreement is governed by the laws of Poland, specifically the Act of 4 February 1994 on Copyright and Related Rights (consolidated text, 2006, No. 90, item 631, as amended), and applicable intellectual property laws.
2. Any disputes arising from or related to this Pass Agreement shall be subject to the exclusive jurisdiction of Polish courts.

1. The Licensor reserves the right to update or modify this Pass Agreement. Any changes shall apply only to Passes purchased after the date of amendment, unless the Licensee is notified in writing and consents to the revised terms.
2. The Licensor shall provide at least thirty (30) days' written notice before any material changes take effect for existing Pass holders.

If any provision of this Pass Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. Any such provision shall be revised or interpreted to best fulfill its intended purpose within the limits of applicable law.

By purchasing an All CAPS Pass, the Licensee acknowledges that they have read, understood, and agree to be bound by the terms of this Pass Agreement and the Standard EULA. This Pass Agreement constitutes the entire agreement between the Licensor and the Licensee with respect to the All CAPS Pass and supersedes any prior understandings or agreements relating to the subject matter herein.