TERMS
Each time Martial Arts Navigator is
installed or upgraded on your computer you agree to abide by the END-USER
LICENSE AGREEMENT below.
The purpose of the trial period is to evaluate the software and its features. Requests for refunds will not be honored once a license key has been received by the purchaser. Refunds may be issued should an error be discovered in the order process within 30 days of receipt.
License keys are tied to a specific school number and owner name (business entity does not qualify as an owner name). Therefore, if a school owner changes school numbers they would need a new registration key. To qualify as the SAME school owner, all license key names must be listed under an identical owner name. For example, "John Doe" is not the same as "John Doe and Fred Wachuka".
Terms, EULA and pricing are subject to change at any time.
END-USER LICENSE AGREEMENT
To register your product please refer to registration section below.
YOU MAY, (i) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES OR (ii) GIVE COPIES
TO POTENTIAL USERS, SO THAT OTHERS MAY HAVE THE OPPORTUNITY TO OBTAIN A COPY FOR
USE IN ACCORDANCE WITH THE LICENSE TERMS CONTAINED HEREIN.
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE
SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR
ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER.
USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE
TERMS OF THIS AGREEMENT. THE SOFTWARE MAY BE EVALUATED FOR 30 (THIRTY) DAYS ON A
ROYALTY FREE BASIS. CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT
BY USER OF THE REGISTRATION FEE SPECIFIED IN THE FILE: README.TXT OR HELP ABOUT
SCREEN.
LICENSE GRANT. Subject to the provisions contained herein, Jay Brinkmeyer (The
"Company") hereby grants you a non-exclusive, non-transferable license to use
its accompanying proprietary software product ("Software") on file servers
connected to a maximum number of user computers, or on a maximum number of user
computers,not exceeding the number of user computers specified on the packaging
for this product. License grant is subject to payment of registration fee at a
rate to be published by The COMPANY for EACH school number, satellite club, or
business entity.
You may use this Software free of charge
for a trial period not to exceed 30-days if (a) your use of the Software is for
the purpose of evaluating whether to purchase an ongoing license to the
Software. If you do not fit within the description above, a license fee is due
to The COMPANY and no license is granted herein. If you are using a free
version of the SOFTWARE, you are not entitled to support or telephone
assistance.
This license to use the SOFTWARE is conditioned upon your compliance with the
terms of this Agreement. You agree you will only copy the SOFTWARE into any
machine-readable or printed form as necessary to use it in accordance with this
license or for backup purposes in support of your use of the SOFTWARE. This
license is effective until terminated. You may terminate it at any point by
destroying the SOFTWARE together with all copies of the SOFTWARE. Also, the
COMPANY has the option to terminate if you fail to comply with any term or
condition of this Agreement. You agree upon such termination to destroy the
SOFTWARE together with all copies of the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by United States copyright law and
international treaty provisions. You acknowledge that no title to the
intellectual property in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the SOFTWARE will remain the
exclusive property of The COMPANY or its suppliers, and you will not acquire any
rights to the SOFTWARE except as expressly set forth in this license. You agree
that any copies of the SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
REVERSE ENGINEERING. You agree that you will not attempt to reverse compile,
modify, translate, or disassemble the SOFTWARE in whole or in part.
SOFTWARE AND DOCUMENTATION. The Company shall furnish the Software to you
electronically or on media in machine-readable object code form. This license
does not grant you any right to any enhancement or update to the Software and
Documentation. Enhancements and updates, if available, may be obtained by you at
The Company's then-current standard pricing, terms, and conditions.
TITLE. Title, ownership rights, and intellectual property rights in and to the
Software and Documentation shall remain in The Company and/or its suppliers.
This Agreement does not include the right to sublicense the SOFTWARE and is
personal to you and therefore may not be assigned (by operation of law or
otherwise) or transferred without the prior written consent of The COMPANY.
You acknowledge that the SOFTWARE in source code form remains a confidential
trade secret of The COMPANY and/or its suppliers and therefore you agree not to
attempt to decipher, decompile, disassemble or reverse engineer the SOFTWARE or
allow others to do so, except to the extent applicable laws specifically
prohibit such restriction. You further agree not to modify or create derivative
works of the Software.
CONTENT. Title, ownership rights, and intellectual property rights in and to the
content accessed through the Software is the property of the applicable content
owner and may be protected by applicable copyright or other law. This License
gives you no rights to such content.
DISCLAIMER OF WARRANTY.
The Software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement. The
entire risk as to the quality and performance of the Software is borne by you.
Should the Software prove defective, you and not The Company assume the entire
cost of any service and repair. In addition, the security mechanism implemented
by the Software has inherent limitations, and you must determine that the
Software sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL THE COMPANY OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE COMPANY'S LIST PRICE FOR A LICENSE TO THE
SOFTWARE, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION. Either party may terminate this Agreement immediately in the event
of default by the other party. Upon any termination of this Agreement, you shall
immediately discontinue the use of the Software and shall within ten (10) days
return to The Company all copies of the Software and Documentation. You may also
terminate this Agreement at any time by destroying the Software and
Documentation and all copies thereof. Your obligations to pay accrued charges
and fees shall survive any termination of this Agreement.
MISCELLANEOUS. This is the entire agreement between you and the company which
supersedes any prior agreement or understanding, whether written or oral,
relating to the subject matter of this license. It may be amended only by a
writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY
YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
AND THE COMPANY AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE
TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary to make it
enforceable, and such decision shall not affect the enforceability (i) of such
provision under other circumstances or (ii) of the remaining provisions hereof
under all circumstances. Headings shall not be considered in interpreting this
Agreement.
This Agreement shall be governed by and construed under Colorado law as such law
applies to agreements between Colorado residents entered into and to be
performed entirely within Colorado, except as governed by Federal law. This
Agreement will not be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is hereby expressly
excluded.
U.S. Government Restricted Rights. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through (d)
of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement.