SIROKAI SOLUTIONS SOFTWARE USAGE AND LICENSE Agreement
Read the terms and conditions of this Usage and License Agreement (The “Agreement”) carefully before continuing to install the SOFTWARE, accompanying files and user documentation (The “SOFTWARE”). The SOFTWARE is copyrighted and licensed to the purchasing person or entity ("YOU") on a perpetual, royalty-free, non-transferable, non-exclusive basis, for use only under the terms of this Agreement. Your use of this SOFTWARE indicates your acceptance of this Agreement and stated warranty. John Mengel ("SIROKAI SOLUTIONS") reserves all rights not expressly granted to you.
By installing the SOFTWARE, you are accepting and agreeing to the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you should promptly exit the installation. This Agreement represents the entire agreement concerning the SOFTWARE between you and SIROKAI SOLUTIONS, and it supersedes any prior proposal, representation, or understanding between the parties.
You agree that you may not reverse assemble, reverse compile, or otherwise translate the SOFTWARE and are specifically prohibited from distributing, charging, or requesting donations for the SOFTWARE.
Using this SOFTWARE without an authorised License granted by SIROKAI SOLUTIONS or with a fraudulent license file or code is in violation of Australian and international copyright laws and you may be subject to prosecution and required to pay damages.
Subject to the terms of this Agreement and in consideration of the LICENSE FEE PAYMENT made by the you, SIROKAI SOLUTIONS hereby grants you a perpetual license to use the SOFTWARE for perpetuity. Your rights under this license will terminate automatically without notice from SIROKAI SOLUTIONS if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the SOFTWARE, and destroy all copies, full or partial, of the SOFTWARE.
Warranty
SIROKAI SOLUTIONS WARRANTS that the SOFTWARE will conform in all material respects to the functions described in its associated Documentation for a period of 365 days from the date of purchase (the "Warranty Period"). The preceding warranty does not apply if: (a) any Software is modified without SIROKAI SOLUTION's written consent, (b) the SOFTWARE is used other than in accordance with the Agreement or the Documentation, (c) the SOFTWARE is installed and used in any environment not explicitly identified as a supported environment in the Documentation and/or Technical Requirements.
Limit of Liability
To the extent not prohibited by law, in no event shall SIROKAI SOLUTIONS be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the SOFTWARE, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if SIROKAI SOLUTIONS has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall SIROKAI SOLUTIONS’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount that was paid to use the SOFTWARE under this Agreement.
Indemnification
You and any user(s) of the SOFTWARE will indemnify and hold SIROKAI SOLUTIONS, its affiliates, agents, and representatives harmless from and against any and all damages, costs, expenses, and liabilities, including, without limitation, reasonable attorneys’ fees and expenses, arising from or in connection with any claims of third parties that result from or arise in connection with the use of the SOFTWARE.
Installation and Usage
Authorised use of the SOFTWARE is obtained by providing the appropriate registration (if any) and payment of a LICENSE FEE. A valid license allows the SOFTWARE to be installed on any number of machines owned by YOU.
License Code
The license code you receive when you purchase the SOFTWARE may not be distributed to any other person, or parties outside of the purchasing company in the case of a business . Distribution of the license code will result in a termination of this Agreement. In this event, you will not be entitled to a refund of any license fees paid.
Personal Information
KAIRECEIPTS DOES NOT CAPTURE OR SEND ANY PERSONAL INFORMATION PERIOD.
Support
The LICENSE FEE PAYMENT includes online support during the Warranty Period. Support is provided solely via the Sirokai website's support portal. Telephone support is only provided at the discretion of SIROKAI SOLUTIONS.
Support is provided in instances where you believe the SOFTWARE contains a fault or when the SOFTWARE does not behave in the advertised manner or in accordance with the Documentation. SIROKAI SOLUTIONS will endeavour the investigate and action all support enquiries within a reasonable time frame.
Support does not include training or other advice on how to use the SOFTWARE, nor does it include customisation of the KaiReceipts report. Full online help and other support material is available within the SOFTWARE and on the Sirokai website to assist in these instances. Training can be provided by authorised SIROKAI SOLUTIONS representatives or agents. Sirokai Solutions is available to customise the receipt format, chargeable at the standard consulting rate.
In all instances, support will only be provided for the current and preceding major version of the SOFTWARE.
Support for evaluation software or software purchased outside of the Warranty period is not included and will be provided only at the discretion of SIROKAI SOLUTIONS.
Software Updates
The purchase of a license grants YOU free access to incremental updates of the SOFTWARE (e.g. 1.1 to 1.2). Payment of an upgrade fee is required to receive major updates (e.g. 1.5 to 2.0). Upgrade pricing is only available for existing users of the current and preceding major version of the SOFTWARE.
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