Sk-Modernist Release v2.

seankanedesign.com

DESKTOP LICENSING AGREEMENT

FOR ALL OTHER MATTERS, EMAIL ME AT:

mail@seankanedesign.com

THIS IS A BINDING LEGAL AGREEMENT - If the Licensed End User (hereafter

referred to as "You") refuses to accept a contractual obligation through this license
agreement, you are not permitted to access, use or download the Sean Kane Design
Font Software. Please thoroughly and carefully read through this Agreement before
installing or using the Font Software. Any of these actions shall indicate your express
agreement to the following terms and conditions.

The Sean Kane Design Font Software licensed under this Agreement and its
inherent digital, device-readable, scalable data is supplied to you by Sean Kane
Design for USAGE ONLY, and remains the intellectual property of Sean Kane
Design and/or the Designer of the Font Software (hereafter referred to as
"Designer").

Sean Kane Design reserves all rights not expressly granted to you under this license
Agreement.

Upon receipt by Sean Kane Design of all applicable fees, you are granted a non-
exclusive, terminable and non-transferable License to use the Sean Kane Design
Font Software in accordance with the following terms and conditions.

1. PERMITTED INSTALLATIONS AND USES

Use of the Licensed Font Software is permissible under the following conditions:

1.1 PRICING
Use of the Sean Kane Design Font Software is strictly and explicitly limited to the
number of End Users declared and paid for at time of purchase. For a single EULA
purchase, the Font Software may be installed on not more than two (2) devices, such
as computer workstations, laptops, notebooks, netbooks, tablets, or smartphones. If
the Sean Kane Design Font Software will be installed on more than two (2) devices,
an additional license must be purchased for each additional device.

1.2 DESIGN USES

Use of the Font Software in the creation of design works, rasterized images for web
sites and for your personal and/or professional use are each permitted provided that
no unauthorized uses or copies of the Font Software are transferred to any
unlicensed party. You may use Sean Kane Design Font Software to print as many
copies of anything as you like, with no limits on number of impressions or print size,
with the exception of Personalized Products for Resale or Large Volume Commercial
Uses as defined in Section 5 below. You may use Sean Kane Design Font Software
to create secondary or tertiary titling, subtitles and/or credits for any broadcast via
television, on the Internet and/or cable and/or motion picture for theatrical distribution
and/or exhibition, provided the Font Software is not available for download, or for use
as part of an interface or other usable format. (You may NOT use the Font Software
for the main titles, whereby the Title of the movie or show is displayed in a primary,
signature manner--this requires a license extension, please contact us.) You can use
Sean Kane Design Font Software to create artwork for clothes, packaging, posters,
coffee mugs or similar commercial products for PROMOTIONAL USE by you, your
company, or your clients. Use of the Font Software in the creation of or as part of a
company logo is permitted, however in order to register a trademark, you must alter
the Font in some way, as it is already protected in its original, unaltered form. Other
restrictions to the use of the Font Software are set forth in this Agreement.

1.3 ONE FONT SOFTWARE BACK-UP

You are permitted to keep a single backup copy of licensed Font Software in the
cloud, locally on a desktop, laptop or mobile device, or on a studio server. You, as
the single End user, must be the only person who maintains and/or has access to
the backup copy. The Sean Kane Design Font Software may not be sub-licensed,
sold, leased, rented, lent, or given away to any other person or entity.

1.4 SERVICE PROVIDERS/BUREAUS

In the event that you require the services of a third party such as a commercial
printer or another service company for the production of color proofs, film or
preparation for digital pre-press production or printing, you are permitted to transfer a
copy of the Sean Kane Design Font Software which is used for creating the pertinent
file to that specific third party. In the event of any text modification, the service
company is required to purchase its own license. Upon completion of your job, the
service provider must delete the Font Software or purchase their own license for
continued use of the Font Software with other clients or projects it is hired to
produce. It is YOUR responsibility to inform the commercial printer/service company
about the content of this license agreement. Assigning the license to a third party in
any other circumstance is not permitted.

2. REFUNDS
The Sean Kane Design Font Software may be exchanged only if defective. If you do
not agree to the terms of this Agreement and you wish to claim a refund you must (a)
certify that no copy of the Fonts remains in your possession or control and (b)
provide proof of a valid sale and a valid sales receipt. All claims must be made within
one (1) week of purchase.

3. LIMITED EMBEDDING
You are permitted to embed or otherwise include only the Font outlines in limited
circumstances, however resale of any document containing an embedded copy of
the Font Software is prohibited. If the ability to sell documents and/or files containing
embedded copies of the Fonts is desired, a special ePub License is required.
Licensed End Users are permitted to embed or otherwise include the outlines
embodied in the Software in a PDF, PowerPoint, Word or similar-type electronic
document, distributed physically or online for personal or commercial use ONLY IF:
A) the Fonts cannot be extracted ("read-only"); AND B) the document is not for sale,
resale or mass-market distribution of any kind; AND C) the Internet uses are not
redistributions of otherwise impermissible or unlicensed uses of the Font Software.
Embedding the Font Software in PDF, PowerPoint, Word or similar-type documents
where the Font Software can be extracted or used in any way beyond "read-only" is
expressly prohibited. If you are unsure how to prevent font extraction, review your
embedding software prior to creating documents containing embedded copies of the
Font Software.

4. RESTRICTIONS
Except as may be otherwise expressly permitted by your specific License, you may
not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile,
disassemble, translate into other font formats or other formats for use with other
forms of devices or otherwise copy and/or include the Sean Kane Design Font
Software or the design of the Font embodied therein without the express written
consent of Sean Kane Design. All rights not expressly granted are reserved to Sean
Kane Design and/or the Designer. Any modifications, derivations and/or adaptations
of the Font Software or the design embodied therein, requires the express
permission of Sean Kane Design which expressly reserves a right to create any such
modifications, derivations or adaptations. This term is contractual in nature.

5. OTHER RESTRICTIONS AND LICENSE UPGRADES

Use of Sean Kane Design Font Software and the design of the Font embodied
therein are not permitted in the following circumstances or applications without
purchasing the appropriate license upgrade. In order to obtain a license upgrade,
please contact Sean Kane Design for more information. If you are unsure whether
your use of Sean Kane Design Font Software is specifically permitted under this
Agreement, contact Sean Kane Design. We are happy to address any and all
licensing questions or clarifications.

5.1 YOU MAY NOT EMBED THE FONT(S) IN ELECTRONIC DEVICES,

which include, but are not limited to, any device running the Windows, Mac OS X,
iOS, Android or Windows Mobile operating systems, Kindle, Nook, electronic kiosks,
gaming devices and machines like the PS4, XBOX, Wii, GameBoy, PSP, laptop
computers, tablets, desktop computers, computer servers, smartphones, media
players and/or smart televisions. (Upon the purchase of the appropriate license
upgrade the Font Software may be embedded and resident within an electronic
device provided it cannot be extracted from the device.)

5.2 YOU MAY NOT EMBED THE FONT(S) IN SOFTWARE,

which includes, but is not limited to, application content or user interfaces, user
interfaces or other content for gaming consoles, smart televisions, or other works
distributed electronically and/or via physical media for sale. Any such use requires
the express written permission of Sean Kane Design and may or may not require the
purchase of a special, custom License at the sole discretion of Sean Kane Design. If
the ability to sell software for Mobile devices (defined as any device running the iOS,
Android, Windows Phone, Blackberry, PalmOS, WebOS, or Symbian operating
systems) containing embedded copies of the Fonts is desired, a special Mobile App
License is required. If the ability to sell software for other platforms, such as, but not
limited to, Playstation, XBOX, Wii, Mac OS or Windows containing embedded copies
of the Fonts is desired, a custom license is required. You may contact Sean Kane
Design for any and all custom embedding requests.

5.3 YOU MAY NOT CONVERT FORMAT FOR USE ON THE WEB
This license does NOT permit the transmitting of the Font Software over the Internet
for the purposes of font serving or font replacement by means of WOFF, EOT, SVG
& TTTF, Cufón, sIFR, TypeKit, embeddable Open Type, or other technologies that
now exist or may be developed in the future. If you wish to use the Font Software on
the web in such a way, a special WebFont License must be purchased. Translation
or adaptation of the Font Software and/or serving translated Font Software to
viewers on the Internet via WOFF, EOT, SVG & TTTF, Cufón, sIFR, TypeKit,
embeddable Open Type, or other technologies that now exist or may be developed
in the future is not permitted under this License. Any such use requires the purchase
of a WebFont License.

5.4 YOU MAY NOT PROVIDE THE FONT(S) ON A CLOSED

NETWORK
Serving of the Font Software to Licensed End Users over a network, LAN, WAN or
the Internet is strictly prohibited. Each Licensed End User must purchase their own
discrete license.

5.5 YOU MAY NOT USE THE FONT(S) FOR LARGE-VOLUME

COMMERCIAL USE
that requires or results in the creation of more than 250,000 reproductions of A)
products, promotional campaigns and/or related materials; B) advertising campaigns
and/or related materials; or C) product packaging and/or related materials. ALSO
prohibited are interior and/or exterior store/business signage for large (regional,
national or international) use, including billboards and electronic billboards. If any of
these circumstances are desired, we are happy to write a license extension to cover
your scenario, just contact us.

5.6 YOU MAY NOT CREATE LETTERFORM/ALPHABET PRODUCTS

FOR RESALE,
which include, but are not limited to, scrapbooking uses involving reproductions of
individual letterforms, digital alphabets (Alphas); adhesive sticker alphabet products;
embroidery letters or fonts, use in the creation of signage or numbering products;
monogram products; rubber stamps; die-cut products, stencil products; tattoo flash,
or converted into software or by other means for the purposes of producing alphabet
or letterforms by the use of sewing and/or embroidery machines; die-cut devices and
plotters or any other product producing or containing any image of the letterforms or
images derived from the design of the Font embodied in the Font Software of which
any likeness of the alphabet can be reproduced where the letterform or alphabet
product will be distributed or resold. (These restrictions do not apply to laser or inkjet
printers used for those purposes generally associated with professional design such
as, graphic and industrial design, or to sign-making facilities, provided the end
product is a finished, work of design or ready to use sign.)

5.7 YOU MAY NOT CREATE PERSONALIZED PRODUCTS FOR

RESALE,
which include, but are not limited to, physical goods for retail sale such as
individually customized T-shirts, greeting cards, mugs, postage stamps, stickers,
post cards, business cards, invitations on a customized, per order basis for retail
sale such as by way of, but not limited to, Café Press, Zazzle or other similar
services. If you wish to use the Font Software for such purposes, the number of
desired individual customized uses (Impressions) must be reported and licensed.
Impressions may be purchased by contacting Sean Kane Design. Failure to
purchase the proper license for such uses is a breach of this license, causing
significant monetary harm to Sean Kane Design and/or the Designer of the Font
Software.

5.8 YOU MAY NOT USE THE FONT SOFTWARE TO CREATE MAIN
SHOW TITLES,
whereby the Title of a movie, show, or any broadcast via television, on the Internet
and/or cable and/or motion picture for theatrical distribution and/or exhibition, is
displayed in a primary and signature manner. This requires a Show Titles license
extension, please contact us.

6. RIGHTS RESERVED
This Software is licensed, not sold, to you by Sean Kane Design on behalf of the
Designer, and is licensed for use in accordance with the terms of this Agreement. As
a licensee, your ownership of the media and/or device on which the Software is
recorded, if any, is distinct from and does not grant any right, title or interest in and to
the design of the Font or the Font Software itself. All copies of the Software
downloaded or installed, including the copy(ies) of any Software that accompanies
this document either as part of a downloaded file or on recorded media, such as, but
not limited to, magnetic or optical media, remain the exclusive property of Sean Kane
Design and/or the Designer. The Sean Kane Design Font Software and the design of
the Font embodied therein are the exclusive property of Sean Kane Design and/or
the Designer and are protected under both domestic and international copyright,
trademark and unfair competition laws. The various names of the Fonts are the
trademarks of Sean Kane Design and/or the Designer. All other trademarks are the
property of their respective owners, and may be registered in the United States
and/or other jurisdictions. Except as stated herein, this Agreement does not grant
you any rights to trademark or any other intellectual property rights in the Sean Kane
Design Font Software or in any typeface design.

7. DESIGN CREDIT
You agree to credit Sean Kane Design as the trademark and copyright owner and
creator of the Sean Kane Design Fonts, in the following manner, Font Name ©
Designer's Name and © Sean Kane Design www.Sean Kane Design.com, wherever
and whenever design production or any other credits are shown.

8. ARTWORK RESTRICTED
In the event any dingbats or other art work forms are part of the Font Software, use
of the artwork is further restricted. You may not use artwork, drawings or dingbats for
professional uses such as, but not limited to, goods for sale, in logo design, retail
packaging or point of sale displays. Any such use requires the purchase of a license
upgrade.
9. DERIVATIVE WORKS PROHIBITED
You may not alter Font Software in any manner whatsoever. Reformatting the Font
Software into other formats or for use in other operating systems is expressly
prohibited. Altering or amending the embedding bits characteristics of the Font
Software is expressly prohibited. The Font Software may not be used to create or
distribute any electronic document in which the Font Software, or any part thereof, is
embedded in a format that permits editing, alterations, enhancements, or
modifications by the recipient of such document. Derivative works based upon the
Sean Kane Design Font Software may not be sub-licensed, sold, leased, rented,
lent, or given away without written permission from Sean Kane Design. Sean Kane
Design shall not be responsible for unauthorized, modified and/or improperly
regenerated, adapted or translated software or derivative works.

10. TERMINATION
Any breach of the terms of this Agreement shall be cause for termination of this
License. In the event of termination, and without limitation of any remedies under law
and equity, you agree to immediately return the Font Software to Sean Kane Design
and certify that no copy remains in your possession or control.

11. COMPLIANCE WITH LAWS

You shall be responsible for your compliance with all laws relating to the control of
exports or the transfer of technology in connection with any use and distribution of
the Font Software. The Software and documentation are provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the government,
governmental authorities, its employees or vendors may be subject to restrictions set
forth in federal law and regulations. If applicable, you hereby agree to familiarize
yourself and adhere to any applicable rule, regulation or statute that may apply.

12. REVOCATION OF WARRANTIES

Subject to the representations and warranties stated herein, the Font Software is
provided "AS IS" and without fiduciary obligation to you or other warranties of any
kind and Sean Kane Design AND THE DESIGNER OF THE FONT SOFTWARE
EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sean Kane
Design 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 FONT SOFTWARE IS NOT
INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY
CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD
LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT
AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF
DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN
NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL Sean Kane
Design OR THE DESIGNER BE LIABLE TO YOU, OR ANY THIRD PARTY,
WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS
INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN
IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.

13. LIMIT OF LIABILITY

In no event will Sean Kane Design be liable to you for consequential or incidental
damage (including damage from loss of business profits or savings, business
interruption, loss of business information, and the like) or for claim by any party
arising out of the use of or inability to use the Sean Kane Design Font Software,
even if Sean Kane Design has been advised of the possibility of such damage.
Under no circumstances, subject to the conditions noted herein, shall Sean Kane
Design or the Designer's maximum liability to you or any third party exceed the
replacement cost of Font Software or the provision of substitute software, at the sole
discretion of Sean Kane Design.

14. INDEMNIFICATION
You agree to indemnify and hold Sean Kane Design and Sean Kane Design's
suppliers including any Designers of Font Software harmless from and against any
claims or damage which may result from your breach of this License Agreement.

15. GOVERNING LAW

This Agreement will be governed by the laws of Australia as applies to contracts
entered into and wholly performed therein without application of its conflict of law
provisions or the conflict of law provisions of any other jurisdiction. You hereby
expressly consent to the personal jurisdiction of the local, state or federal courts
selected by Sean Kane Design for the hearing or resolution of any dispute or action
arising out of or related to this License and you hereby further expressly waive any
jurisdiction or venue defenses and agree to services of process by certified mail
return receipt requested. All remedies are cumulative not exclusive.

16. COMPLETE AGREEMENT

You acknowledge that you have read this agreement and understand it and that by
using the software you will be bound by its terms and conditions. You further agree
that it is the complete and exclusive statement of the agreement between Sean Kane
Design and you which supersedes any proposal or prior agreement, oral or written,
and any other communications between Sean Kane Design and you relating to the
subject matter of this Agreement. No variation of the terms of this agreement or any
different terms will be enforceable against Sean Kane Design unless Sean Kane
Design gives its express written consent, including a written express waiver of the
terms of this. If any provision of this agreement is held void or unenforceable, that
provision will be enforced to the maximum extent possible and the remaining
provisions of this agreement will remain in full force and effect. Sean Kane Design
expressly reserves the right to amend or modify this License Agreement at any time
and without prior notification.

Copyright © 2016 Sean Kane Design, Inc. All Rights Reserved.