Martial Arts Navigator - The Fine Print

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.