Before you click on the "I Agree" button to use Sikich (www.Sikich.com) software programing accompanying this license, you should carefully read the following agreement. By clicking on the "I Agree" button, you indicate your acceptance of the terms of this agreement. If you do not with to be bound by this agreement, you should promptly exit this software and contact SIKICH, LLP or your Dynamics ERP Partner.
You assume responsibility for the selection of this software program (“program”) to achieve your intended results and for the installation, interaction, use and results obtained from the program.
SIKICH LLP (www.sikich.com) ("SELLER") grants you a nontransferable license to:
You may not use, copy or modify the program or related material or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. If you transfer possession of any copy of the program or related material to another party, this license is automatically terminated.This license is effective upon clicking the "I AGREE" button that appears before this program can be used and also applies to any additional programs you may receive from SELLER. You may terminate it at any time by destroying the program and the related material together with all copies, modifications, and merged portions in any form. Termination of this license does not entitle you to a refund. This license will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with all copies, modifications and merged portions in any form, and to provide SELLER with written certification of destruction upon request. By accepting this license, you acknowledge that the program and back-up copies are protected by copyright and trade secret law, as well as other intellectual property laws and treaties, and that they contain valuable confidential information, and you agree to use reasonable best efforts to protect them from unauthorized reproduction, distribution, disclosure and use. You may not use or disclose the program except as provided herein, and you may not reverse engineer, decompile, disassemble, create derivative works, sublicense or lease the program or use the program in a service bureau environment.
The program and related material is provided "AS IS" and seller specifically disclaims any express or implied warranties, including without limitation, any warranty of mechantability, fitness for a particular purpose or noninfringement. You assume the entire risk as to the quality and performance of the program. Should the program prove defective, you assume the entire cost of all necessary servicing, repair or correction.
In no event will seller be liable for any problems encountered due to modifications of the program.
SELLER may offer telephone and e-mail support services only through an authorized SELLER registered Microsoft Dynamics ERP partner. The details of this service and support have been provided to those partners. SELLER is not obligated or required to provide support services directly to end users of the program. SELLER may, from time to time, revise or update the program and/or related material and, in so doing, incurs no obligation to furnish such revisions or updates to you, unless you separately purchase updates through SELLER’s enhancement plan maintenance which is billed and invoiced through your Microsoft Dynamics ERP partner. You MUST be current on your enhancement plan with SELLER to receive updates.
SELLER's entire liability and your exclusive remedy shall be limited to the replacement of any program not operating according to SELLER's specifications.
In no event will SELLER or its affiliates, partners or employees be liable to you for any expenses, costs, damages or losses, including without limitation, any lost profits, lost savings, indirect, special, punitive, or other incidental or consequential damages and attorney fees arising out of the progran or the use or inability to use the program even if SELLER has been advised of the possibility of such damages or of any claim assiciated with any third party clain, threat or proceeding related to your use of the program under this agreement.
You may not sublicense, assign or transfer this license, the program or the related materials, and any attempt to do so is void.
If the program is labelled as an upgrade, you must be properly licensed to use a product identified by SELLER as being eligible for the upgrade. A program labelled as an upgrade replaces and/or supplements the product that formed your eligibility for the upgrade. You may use the resulting updated program only in accordance with the terms of this Agreement.
YOU ACKNOWLEDGE THAT YOU OWN ALL APPROPRIATE MICROSOFT DYNAMICS ERP LICENSES TO INTEGRATE DATA INTO THE MICROSOFT DYNAMICS DATABASE, INCLUDING BUT NOT LIMITED TO FULL USE CONCURRENT MICROSOFT DYNAMICS ERP LICENSES, MICROSOFT SQL LICENSES OR LIMITED DYNAMICS USER LICENSES SELLER DOES NOT PROVIDE THESE LICENSES WITH THE PURCHASE OF SELLER’S PROGRAM.
This Agreement is governed by the laws of the State of Illinois, and any claims arising hereunder shall be litigated in DuPage County, Illinois. This Agreement is for a license of intellectual property and not for the sale of goods (even though some tangible items may be provided) and is not governed by the Uniform Commercial Code.
This Agreement is effective from the date upon which you click the “I AGREE” button until terminated in writing. This Agreement will also terminate immediately and without additional notice in the event you breach this Agreement and/or fail to comply with any term or condition of this Agreement.
You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreements, oral or written, and any other communications between us relating to the licensing of software from seller.