KANECAL 4080 PEDLEY RD. STE 198, RIVERSIDE, CA. 92509 -- 877-KANECAL
All fonts distributed are done so under Copyright (C) 1998 Kanecal
All Rights Reserved. email: care@kanecal.net on the web; http://www.kanecal.net

You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by KANECAL your use, distribution, or installation of any copy of the font software (herein referred to as the "Software") indicates your acceptance of this License. If you do not agree to all of the terms of this License, then do not install, distribute or use this Software. This is a legal agreement between you (et all), the end user and KANECAL. KANECAL grants the purchasing entity (Entity as herein referenced represents the legal definition for any of the following; Sole Proprietorship, Partnership, Corporation, Limited Liability Company, Nonprofit Corporation, Home Business or any Educational Organization) the right to use the enclosed Software in the manner indicated by the license purchased as described below for “Single User”, “Multi-User” or “Re-distribution”. By purchasing and using in any manner the accompanying fonts, you are agreeing to the terms of this agreement. IF YOU ARE UNDER 18 YEARS OF AGE OR YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CANCEL YOUR ORDER IMMEDIATELY.

NOTE; Each copy of the Software has its own unique ID# embedded into it and is traceable back to the applicable owner and license agreement.

SINGLE USER LICENSE
This license agreement is intended for use only on a single computer (CPU). You may use one (1) copy on a single terminal connected to a single computer (i.e. with a single CPU). You may not network the software or otherwise use it on more than one computer or computer terminal at the same time unless additional licenses are purchased. This single copy of the Software may either be used by a single person who uses the software personally on one computer, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license. You may access this copy through a network, provided that you have obtained an individual Software license for each workstation that will access the Software through the network per the Multi-User section of this agreement. For instance, if 8 different workstations will access the Software on the network, each workstation must have its own Software license, regardless of whether they use the Software at different times or concurrently. If you are interested in Multiple User licenses, within your own corporation or organization, see our “Multi-User” section. If you are seeking to re-sell or re-distribute our fonts outside of your own corporation or organization, see our “Re-distribution” Section of this document.

The SOFTWARE is owned by KANECAL and is protected by United States Copyright laws and International Treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book, or musical recording) except that you may either; (a) make one copy of the SOFTWARE solely for backup and archival purposes or; (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.

MULTI-USER LICENSE
KANECAL grants the purchasing entity the right to use multiple copies of the enclosed Software on multiple terminals connected to multiple computers (i.e. each with a single CPU). You may network the software or otherwise use it on more than one computer or computer terminal at the same time. The sole limitation is that at any given time, the maximum number of potential users does not exceed that of the maximum number of users allowed by the embedded multi-user license agreement. This grant of license is only applicable to employees, contracted personnel or agents of the entity of record in the embedded license. Employees, Agents or Independent Contractors may use the software only while under contract from or employment with the purchasing entity. All rights not expressly granted are reserved by KANECAL.

The SOFTWARE is owned by KANECAL and is protected by United States Copyright laws and International Treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book, or musical recording) except that you may either; (a) make copies of the SOFTWARE not to exceed the maximum number of users allowed or; (b) transfer the SOFTWARE to multiple hard disks. You may also copy the written materials accompanying the SOFTWARE within the maximum user allotment purchased.

RE-DISTRIBUTION LICENSE
A redistribution license for re-sale or integration into software that will be resold for a profit can be provided under the following terms;

1.) All licenses are non-exclusive (except for the first (and only) exclusive Kanecal license), and all sources remain solely the intellectual property of Kanecal.
2.) Kanecal allows the purchasing entity the right to use multiple copies of the Software to sell or allowed to be sold, incorporate into other products to be sold, or allowed to be sold, for a profit for a one time fee of $400.00US (which applies to the ongoing purchase price or percentage of sales) and either of the following;
a.) 2% of the annual gross sales of the product(s) containing or consisting of the software(s), or
b.) 10% of the annual net profits from the sales of the product(s) containing or consisting of the software(s)
c.) a reduced "per unit" price of the actual sales or the estimated sales. (see below or as negotiated)
whichever is agreed upon by both parties. To be paid Quarterly along with a certified copy of the entities legal Quarterly Earnings Statement or as agreed upon by the parties.

(These costs might seem high at first, but compared to the cost of re-developing something of similar quality from scratch, they're wildly lower. As a baseline, compare two or three senior-developer-years of development at $80-$100K per year, ignoring all the real-world hardening that Kanecal's products enjoy.) Terms are 50% with license signing, 50% 30 days later. We can also arrange longer-term payments if those terms are burdensome, and if you're a smaller company.

Schedule per 2.), c. above for bulk purchase as required to meet your sales demands.
Discounts are available for bulk sales as follows;
10% discount up to 10 units of software.
15% discount from 11 to 50 units of software.
20% discount from 51 to 100 units of software.
25% discount from 101 to 200 units of software.
35% discount for any order over 200 units.
All discounted order deliveries must be taken within a 60 day period. Additional terms are at 1/2% net 30,
3.) All advertising materials mentioning features, reproduction or use of this software must display the following acknowledgement: This product includes software developed by Kanecal.net.
4.) Neither the name of Kanecal nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

The critical point of the RE-DISTRIBUTION license agreement is that you can't simply license and re-label these products in whole or part and sell them in direct competition with us--they must be shipped as part of a larger or distinct product or service (to avoid market confusion).

This Commercial Redistribution License ("Agreement") is made by and between Kanecal, and the entity accepting and entering into this Agreement in the manner stated above.

Kanecal will grant to Licensee, subject to the conditions stated in this Agreement, a non-exclusive, non-transferable license to incorporate the Kanecal Software into the Licensee's Programs, copy the Kanecal Software, and distribute the Kanecal Software.Licensee acknowledges that Kanecal retains all right, title, and interest in and to the Kanecal Software, including without limitation all copyrights and other proprietary rights.

5.) Redistributions of source code must retain the copyright notices as they appear in each source code file, the license terms of the Kancal License, and the disclaimer/limitation of liability set forth in the softwares files.
6.) Kanecal will provide unlimited email and toll free telephone support to the Licensee; the support fee for this period is included in the license fee for the Kanecal Software pursuant to paragraph 7.) below. Licensee must nominate a single individual to be the point of contact with Kanecal for support issues.
7.) The rights granted pursuant to this Agreement are contingent upon Licensee's payment of the license fees for the Kanecal Software.
8.) Limitation of Liability. Kanecal shall not be liable for any damages suffered by the Licensee or any third party resulting from use of the Software as described in the software's files.
9.) U.S. Government Restricted Rights- The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
10.) FOREIGN DISTRIBUTION. Whenever a foreign distribution of materials comprising the Software is performed, the entity shall be responsible for obtaining any and all necessary export licenses or authorizations as may be required by the United States or other countries such as, but not necessarily limited to, those required by the Department of Commerce and/or the Department of State under Export Administration Act of 1969 (50 U.S.C. App. 2401 et seq., 15 C.F.R. Part 379) and the Mutual Security Act of 1954 (22 U.S.C. 1934, 22 C.F.R. Part 121 et seq.), respectively. Redistribution contrary to U.S. export laws is strictly prohibited.

RIGHTS
All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to and by KANECAL. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Software. You may not make access to Software available to others in connection with a service bureau, application service provider, or similar business. You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from KANECAL.

WARRANTY & LIABILATY
This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of this License Agreement. Always test scan any barcodes made from your software for correctness before production. Kanecal is not liable for any production use of these fonts. You are responsible for all pre-production testing and acceptance. Any liability of KANECAL will be limited exclusively to refund of purchase price if the software is found by KANECAL to be defective. In addition, in no event shall KANECAL, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of Software, or to your relationship with KANECAL. In addition, in no event does KANECAL authorize you to use Software in applications or systems where Software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold KANECAL harmless from any claims or losses relating to such unauthorized use.

GENERAL
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and forum located in the State of California, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by KANECAL herein.

PRIVACY
We restrict access to nonpublic personal and business information about any purchase from any outside source. Information obtained in the process of any transaction is accessed only on a "need to know" basis within our company. We maintain physical, electronic and procedural safeguards that comply with federal standards such as 573.6(a)(8) or 248.6(a)(1) to guard your nonpublic personal or business information. We do not disclose any personal or business information about our customers or former customers to anyone.

KANECAL
4080 Pedley Rd Ste 198
Riverside, Ca. 92509
care@kanecal.net
Toll Free 877-KANECAL (526-3225) US only
Outside US (909) 681-9495
Mon.-Fri. 7am to 5pm PST
FAX 775-239-1654 Click for Printable FAX/MAIL Order Form


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