License Agreement

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Legal Notices:

Any software that is made available to download from this server ("Software") is the copyrighted work of KwikSYSTEMS^TM ASSOCIATES and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, which is included with the Software ("License Agreement"). An end user will be unable to install any Software that includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law.

LICENSE AGREEMENT

By continuing to install this software you agree to be bound by the KwikSYSTEMS^TM ASSOCIATES User Terms And Conditions. If you are installing from a download file, you will be able to see those terms and conditions before continuing to install.

You can quit the installation at any time during these dialog screens. At the end of them you will be reminded that are agreeing to accept these terms and conditions by opening the packaging and/or installing the software.

If you do not agree to the terms of this agreement you should return your software to your supplier for a refund of the license fee. 

This SOFTWARE LICENSE AGREEMENT is packaged so that the existence of terms and conditions is notified before installation. Full working demonstration applications are provided so you can determine on your own if the software suits your purpose and that responsibility is at your sole discretion.

KwikSYSTEMS^TM ASSOCIATES grants to the customer on the installation of the software, the right to use this copy of the software program (hereinafter the "Software", - the term software shall also include related materials, including written instructions, binders and materials packaged with the product or subsequently supplied by KwikSYSTEMS^TM ASSOCIATES as part of any upgrade or registration procedure. The software is the property of KwikSYSTEMS^TM ASSOCIATES and is protected by copyright and other intellectual property laws, the user will only ever get a non-transferable license to use the software. The customer agrees to use reasonable efforts to protect the software from unauthorized use, modification, reproduction, distribution, and publication. The Software is copyrighted and all rights therein are reserved by KwikSYSTEMS^TM ASSOCIATES.

The consideration for entering into this contract is:

a) In the case of shareware, freeware, or non-chargeable supply of software, the permission to evaluate or otherwise use the software for the period specified or 30 days if not otherwise specified, and for upgrade concessions;

b) In the case of other product, the use of the program and the provision by KwikSYSTEMS^TM ASSOCIATES or their agent of reasonable technical support and upgrade concessions.

c) The Customer may transfer the Software from the media (floppy disks or CD's) to the hard disks of a computer and uncompress any compressed files and use the program as above as consideration for the entering into this user license agreement. The Customer may also transfer the Software from one system to another provided that the software is used on only one computer and by one user at a time per user-license.  Multi-user network versions are available. 

RESTRICTIONS OF COPYING

The customer is allowed to make two copies of the software for back-up purposes only. The customer must include all the copyright and other intellectual property notices on all back-up copies. Any alteration, modification, disassembly or creation of derivative works, is prohibited.

The copying of any written/printed materials is strictly forbidden.

Should you break the terms of this license, then all permission to copy the software from the floppy disks is revoked. Infringement of software copying restrictions may be a criminal act and may also give rise to civil liability.

NON-TRANSFERRABLE LICENSE / LICENSE EXPIRY

The software is licensed to the customer who installs the software only and is not transferable. The customer cannot transfer any copy of the software or the original software to any other person. Where the law of the place of sale restricts or excludes any restrictions on transferability, then this clause may not apply.

If the product has been upgraded then all rights are lost in relation to the previous versions.

In any event, support and upgrade services will not be granted to any person other than the first registered user who opens the software packaging or installs the software on their system.

TRANSFER TO THIRD PARTIES:

Transfer to third parties is forbidden. KwikSYSTEMS^TM ASSOCIATES may however agree in writing to allow the customer to transfer that customers rights under this Agreement to a third party, hereinafter called the "Transfer Agreement"). If given by KwikSYSTEMS^TM ASSOCIATES, any transfer agreement will always be subject to the prior written agreement of the third party to be bound by this Agreement prior to the assignment. In the event of such transfer, the customer undertakes to transfer all copies of the Software and documentation to the third party or to destroy any un-transferred copies.

UPDATES:

KwikSYSTEMS^TM ASSOCIATES may create updated versions of the software and may offer at it's option such updates to those customers whose hold a registered software license granted by KwikSYSTEMS^TM ASSOCIATES.  Such updates will only to be sent to the customer once any update fee has been paid by the customer.

KwikSYSTEMS^TM ASSOCIATES may terminate the customer's license immediately if the customer fails to comply with any terms of this Agreement and upon notification of such termination, the customer shall undertake to destroy the original and any copies of the software and related documentation.

KwikSYSTEMS^TM ASSOCIATES does not warrant that the media on which the software is recorded is free of defects and shall accept no liability for any defects therein. If the customer has any complaints then they should return the media to the supplier for replacement. Notice of all complaints concerning defects should be made within 30 days of purchase.

KwikSYSTEMS^TM ASSOCIATES PROVIDES THE SOFTWARE "AS IS" WITH NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO CIRCUMSTANCES WILL KwikSYSTEMS^TM ASSOCIATESS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM OR RELATED MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SPECIFICALLY, KwikSYSTEMS^TM ASSOCIATES IS NOT RESPONSIBLE FOR ANY COSTS, INCLUDING, BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE PROGRAM, MISAPPLICATION OF THE SOFTWARE, LOSS OF DATA, THE COST OF RECOVERING SUCH SOFTWARE PROGRAMS OR DATA, THE COST OF ANY SUBSTITUTE SOFTWARE PROGRAM, CLAIMS BY THIRD PARTIES, OR OTHER SUCH SIMILAR COSTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS.

IN ANY AND ALL EVENTS, IT IS SPECIFICALLY AGREED THAT KwikSYSTEMS^TM ASSOCIATES TOTAL LIABILITY SHALL NOT EXCEED THE LICENSE FEE.

In the event of a dispute under this agreement, the governing law shall be Iowa law and jurisdiction shall be granted to Scott County, Iowa courts only.