By installing or using Conklin Systems software, you are indicating your agreement to the following statements. If you do not agree with these terms, you may not use or install the program.
This program is owned by Conklin Systems, and is protected by U.S. and international copyright laws. All references to "this program" or "this product" include all products or code included in the program, web content and other material. The title to this material shall remain with Conklin Systems. No copying is permitted, except for one (1) back-up copy. No transfer, distribution, modification or translation of this program, electronic or otherwise, is permitted without Conklin Systems's written permission.
Usage of the Software
You may use the unregistered (trial) version of the software for the number of uses specified by the program when it is first installed. After this time, you may continue to use the software only if it is registered by purchasing a registration code from Conklin Systems or an authorized distributor. A registered version of the software may be used on one single device, though you may make as many backup copies for your own use as necessary.
If you are using the trial (unregistered) version of the software, you understand that after the trial period is over, you may not be able to access the data you have entered into the software unless you purchase a registration code or a non-trial version of the software. Conklin Systems recommends that you maintain a separate parallel record of your data while using the trial software.
You may freely transfer only the limited trial version of the program to others provided that it is not modified in any way from it's original form as distributed by Conklin Systems and that this license agreement is included with the distribution. You may not transfer a registration code or other non-trial version of the software to others.
You may not: modify, translate, reverse engineer, decompile, or disassemble the software, create derivative works based on the software, or remove any proprietary notices or labels on the software.
Disclaimer of Warranty
The software and any related materials or services are provided "as-is" and, to the maximum extent permitted by applicable law, Conklin Systems and any affiliated organizations or persons disclaims all warranties, express or implied, regarding the software and any related materials including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement. Conklin Systems does not warrant that the software is secure, compatible with any particular computer system device or third party software, or free from bugs, or other limitations. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to thirty (30) days from the date or purchase. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from state to state.
Limitation of Liability
The entire liability of Conklin Systems for any reason shall be limited to the amount paid by you to Conklin Systems for the registration or license of the software. To the maximum extent permitted by applicable law, Conklin Systems and its representatives shall not be liable for any direct, indirect, special, incidental, or consequential damages of any type (whether based on tort, breach of contract, breach of warranty, product liability, or otherwise), even if Conklin Systems or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Use, duplication or disclosure by the United States Government (or any unit, agency or department thereof), is subject to the following provisions, which, to the extent applicable, are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a) through (d); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4; (iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all other Federal laws and regulations that protect Licensor's rights in privately developed software. Contractor/manufacturer is Conklin Systems, 9905 Barnes Hwy, Eaton Rapids, MI 48827.
You agree and certify that the software shall not be used for any purpose prohibited by the Export Administration Act and the Export Administration Regulations. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
Termination and Modification
This Agreement may be terminated by Conklin Systems immediately and without notice if you fail to comply with any term or condition of this Agreement. Conklin Systems reserves the right to change or add to the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the software. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice, or upon posting such terms in the software, and your continued use of the software will indicate your agreement to any such change.
The validity and performance of this Agreement shall be governed by Michigan law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Michigan and waive any objection to venue in such courts.
This agreement is the complete and exclusive statement of the agreement between Conklin Systems and you. It supersedes any previous oral or written agreements relating to this matter. No modification, wavier, or amendment to this agreement shall be binding unless stated in writing by you and an authorized executive representative of Conklin Systems. No wavier of a right in any instance shall constitute a wavier of the same or any other right in any other instance. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such provisions shall be enforced to the maximum extent permitted by law and to the parties' fundamental intentions hereunder, and the remaining provisions shall not be affected.