Font Software License Agreement

Version 2.0 (Last Modified: 2025/02/04)

Agreement constitutes a binding contract between the Licensee and the Licensor, upon any of the following actions:

  • Downloading the Font Software.
  • Extracting the Font Software from an archive.
  • Opening the packaging of physical media containing the Font Software.
  • Explicitly accepting this Agreement, such as through email confirmation or other forms of written consent.

Licensee’s agreement to the terms of this Agreement is mandatory to download, access, install, or use the Font Software. If the Licensee does not agree to these terms, they must refrain from performing any of the actions outlined above. Please review this Agreement in its entirety before proceeding.

Licensor Information

Company
Dada Studio Michał Jarociński

Address:
Miła 5a, 05-082 Babice Nowe, Poland

VAT Number:
PL9511919298

Contact:
fonts@capitalics.wtf, +48 501 160 590

1. Definitions

  1. Agreement: This Font Software License Agreement.
  2. Font Software (“Product”): A collection of digital font files provided in formats such as .otf, .ttf, .woff, .woff2, or others as made available by the Licensor. The Font Software is a copyrighted work protected by Polish law (Act on Copyright and Related Rights of 4 February 1994).
  3. License: A non-exclusive, non-transferable, revocable, limited license granted under the conditions of this Agreement.
  4. Licensee: An individual, company, or entity that has legally purchased the license.
  5. Licensor: Dada Studio Michał Jarociński, the entity holding the intellectual property rights to the Font Software.
  6. Authorized User: Any individual permitted by the Licensee to use the Font Software (e.g., employees or contractors).
  7. Commercial Use: Any use of the Font Software intended to generate revenue, including but not limited to branding, marketing, publishing, packaging, advertisements, and software integration.
  8. Non-Commercial: Use Use of the Font Software for strictly personal or non-profit purposes, without direct or indirect revenue generation.
  9. Device: Any hardware capable of running or displaying the Font Software, including computers, servers, printers, and digital output devices.
  10. Output Device: A hardware device (e.g., printer, plotter) used to create a physical or digital representation of the Font Software, such as printed materials or exported PDFs.
  11. Embedding: The inclusion of the Font Software within a digital file (e.g., PDF, eBook, website, app) to display the typeface while preventing unauthorized access, extraction, or separate redistribution of the font files.
  12. Modification: Any alteration of the Font Software, including but not limited to:
    • Adding, removing, or changing glyphs.
    • Ajusting kerning, metrics, or encoding.
    • Converting the font into another format.
  13. Derivative Work: Any work based on or incorporating the Font Software, including modified typefaces, custom versions, or altered glyphs, where the original intellectual property rights remain with the Licensor.
  14. Trademarks: Any marks, logos, or brand identifiers associated with the Font Software, which remain the exclusive property of the Licensor.
  15. Temporary Use: Limited access to the Font Software by third-party contractors working on behalf of the Licensee, provided that:
    • The usage is strictly for the Licensee’s project(s).
    • The contractor deletes the font files upon project completion.
  16. Transfer: The act of assigning the rights granted under the License to another party, subject to the Licensor’s prior written consent.
  17. License Fee: The monetary payment made by the Licensee to the Licensor as consideration for the rights granted under this Agreement.

2. General provisions

The Licensee agrees to the following:

  1. All use of Font Software created and supplied by the Licensor is governed by this agreement.
  2. This Agreement is only valid when accompanied by a proof of purchase, such as an official invoice from the Licensor or an authorized distributor. Without such documentation, the Licensee has no rights to use the Font Software under this Agreement.
  3. The Licensor declares that they have sufficient permissions to grant Licensee the powers set out in this document. Licensor declares that the use of the Product and its parts under the terms of the license does not infringe any intellectual property rights of third parties, and especially do not need to obtain any authorization from a third party.
  4. The typeface design, Font Software, code, and related files are protected by the copyright, design, and other intellectual property laws of Poland, specifically the Act of 4 February 1994 on Copyright and Related Rights (consolidated text, 2006, No. 90, item 631, as amended), as well as applicable intellectual property laws of other nations and international treaties. Additionally, the Font Software is recognized as software and is protected under the EU Software Directive (2009/24/EC), which governs the legal framework for the use and distribution of software within the European Union.

3. Grant of License

Subject to full payment and adherence to this Agreement, the Licensor grants the Licensee a non-exclusive, non- transferable, and revocable license to use the Font Software as specified within the scope of this Agreement. The Licensee acknowledges that any use beyond the granted scope requires a separate license agreement.

4. Restrictions

The Licensee may not:

  • Distribute, sublicense, sell, or share the Font Software in any form, except where explicitly permitted within this Agreement.
  • Modify, alter, decompile, reverse-engineer, or create derivative works from the Font Software.
  • Use the Font Software in any manner that allows third parties to extract or misuse it.
  • Claim authorship or ownership of the Product or its components.
  • Use the Font Software in any machine learning, artificial intelligence (AI) training, or automated font- generation processes without prior written consent from the Licensor.

5. Limited Warranty and Liability

  1. The Product 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 is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Product, even if advised of the possibility of such damages.
  3. The Licensor warrants that the Product does not infringe on any third-party intellectual property rights.
  4. The Licensor will provide basic technical support upon request for the first 12 months from the purchase date of the Font Software. The support covers installation of the Font Software on common operating systems and use within common software packages.

6. Validation, modification of the agreement and severability

  1. Compliance and Audit Rights

    If the Licensee is a company or organization, they agree to provide, upon written request from the Licensor, full documentation and certification that all use of the Font Software complies with this Agreement. The Licensee must respond within thirty (30) days of the request.
    If the Licensee fails to provide proof of compliance within thirty (30) days of request, the Licensor reserves the right to suspend or terminate the License and take legal action to recover any damages.

  2. Modification of the Agreement

    This Agreement may only be amended or modified by an authorized representative of Licensor in writing.

  3. Severability

    If any provision of this 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.

7. Standard License Types

The Font Software is available under different licensing models, each with specific use cases and restrictions. The Licensee must ensure that the correct license type is obtained for their intended use. If the Licensee exceeds the permitted number of users, installations, embedding, downloads, or page views, they must notify the Licensor within seven (7) days and purchase an upgraded license. Failure to do so may result in license suspension. The available license types are as follows:

  1. Desktop
    • Permits installation and use of the Font Software on a limited number of workstations.
    • Allows for the creation of static design assets, including print materials, logos, and images.
    • Allows importing and modifying the characters as Bézier curves in design software.
    • Embed the Font Software in PDF documents, only if all necessary measures are taken to prevent the font files from being extracted or the document from being edited.
    • Does not permit font embedding in websites, apps, or other digital files where the font can be extracted.


  2. Web
    • Allows for the use of the Font Software in web-based applications via @font-face embedding.
    • The Licensee is allowed to self-host the Font Software for web display.
    • Direct downloads of the font files by third parties must be prevented.
    • The Licensee must track page views using a reputable analytics service and ensure that usage reports are available upon request from the Licensor.


  3. ePub
    • Grants the right to embed the Font Software in a number of digital publications specified by the purchase document, such as eBooks and PDFs.
    • The Licensee must ensure that the font is embedded in a non-extractable format.
    • Prevents unauthorized use by end-users.


  4. Server
    • Allows the Font Software to be installed on a server. The license is granted for a specified number of server computers.
    • The Licensee must not provide font access via an API or allow external services to retrieve the font dynamically unless explicitly licensed for this use.
    • The server must be under the control of Licensee.
    • The Licensee must ensure that the font is not accessible for direct download by third parties.


  5. App
    • Permits embedding the Font Software in mobile or desktop applications.
    • This license is granted for the Licensee and can be used in any number of applications.
    • The license specifies the total number of downloads of all applications that the Font Software is embedded in.
    • If the Licensee distributes the software through an app store or digital marketplace, they must ensure that the Font Software is securely embedded and cannot be extracted by end-users.
    • The Licensee must ensure that the fonts software is not available to be extracted, fully or partially.


 

In addition to standard licenses, a Test license is also available, allowing users to download the fonts for free after logging in.

  1. Test
    • This license is for testing purposes only and includes a limited character set.
    • The Product may be used to present a design, application, or website (e.g., to a client) without purchasing a full license.
    • The Licensee may not use the Product for commercial purposes or in a production environment.

8. License Available Upon Request

  1. Video/Broadcast
    • Permits the use of the Font Software in video content, television broadcasts, and streaming media.
    • Covers display use in media productions.
    • Does not allow distribution of the font itself.
  2. Game
    • Allows embedding the Font Software in video games.
    • Typically granted per game title.
    • Subject to additional conditions based on distribution scope and audience size.
    • The Licensee must ensure that font extraction by end-users is not possible.
  3. Software
    • Grants permission to embed the Font Software in software products.
    • Typically granted per software title.
    • Subject to additional conditions based on distribution scope and audience size.
    • The Licensee must ensure that font extraction by end-users is not possible.
  4. Hardware
    • Permits embedding the Font Software in physical hardware devices.
    • Requires a separate agreement with the Licensor to specify scope and production limits.

9. Protection of Rights

The Licensee agrees to implement reasonable measures to protect the Product from unauthorized access or distribution.

10. Termination

  1. This License Agreement will terminate automatically if the Licensee fails to make payment for any associated invoice by the due date or violates any of the terms outlined in this Agreement. Termination does not exempt the Licensee from potential legal action by the Licensor in case of non-compliance or breach of contract.
  2. The Licensor reserves the right to terminate this Agreement if the Licensee breaches any of its terms. Upon termination, the Licensee must immediately cease all use of the Font Software and destroy all copies.
  3. Termination of the License shall not pertain to the Product which had been embedded or otherwise used and/or distributed by the Licensee before the date of termination within the scope of this License.

11. Governing Law

This Agreement is governed by the laws of Poland. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of Polish courts.

12. Amendments

The Licensor reserves the right to update or modify this Agreement at its discretion. Any changes will apply only to future purchases unless otherwise agreed in writing.

13. Acceptance

By purchasing or using the Product under this agreement, the Licensee acknowledges acceptance of these terms.