CompCalc
License Agreement & Disclaimer
BY DOWNLOADING THIS SOFTWARE, CLICKING THE "ACCEPT" BUTTON DURING INSTALLATION, OPENING THE PACKAGE OR USING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, STOP USING THIS SOFTWARE, AND RETURN THE PRODUCT TO JAMES M. VOELKER.
This Agreement has 3 parts. Part I applies if you have not obtained a license by registering the accompanying software (the "Software"). Part II applies if you have obtained a license by registering the Software. Part III applies to all license grants. If you wish to obtain a license complete the registration form provided with the software.
PART I -- TERMS APPLICABLE WHEN LICENSE NOT (YET) OBTAINED BY REGISTERING (LIMITED TO 30 DAY EVALUATION USE)
GRANT. James M. Voelker grants you a non-exclusive license to use the Software without registering for the limited purpose of evaluating whether to obtain an ongoing license by registering to the Software. This evaluation period is limited to 30 days. You may not use this software after the 30-day trial period without registering. In order to register you must complete the registration form provided with the software and return it to James M. Voelker. Registration is complete upon receipt of your registration form by James M. Voelker.
PART II -- TERMS APPLICABLE WHEN LICENSE OBTAINED BY REGISTERING
GRANT. Subject to registration described in Part I, James M. Voelker grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation"), if any, in the manner described in Part III below under "Scope of Grant."
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may: use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; copy the Software for archival purposes; or copy the file "SETUP.EXE" without modification for distribution to others provided no charge or fee is assessed for such copy and provided that the media label, if any, must state "Voelker's Illinois CompCalc, Copyright James M. Voelker"
You may not: permit other individuals to use the Software except under the terms of this agreement; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in James M. Voelker. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. The license to the Software terminates automatically on the expiration date displayed in the "About the Author" section of the Software. James M. Voelker reserves the right to terminate your license to the Software at any time for any reason. On termination, you must destroy all copies of the Software.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i.) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii.) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMER OF WARRANTIES. Licensee expressly acknowledges and agrees that use of the Software is at Licensee’s sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. JAMES M. VOELKER AND ITS LICENSORS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, REGARDING THE SOFTWARE. NEITHER JAMES M. VOELKER NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENTNESS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL JAMES M. VOELKER 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 JAMES M. VOELKER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT JAMES M. VOELKER RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF JAMES M. VOELKER 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
ATTORNEY CLIENT RELATIONSHIP. Licensee agrees that the use of this Software does NOT establish an attorney client relationship of any kind. Licensee acknowledges that the valuation of a worker's compensation claim involves more than the mathematical calculations performed by this Software. Licensee further acknowledges that this Software is not intended to provide nor does it provide legal advice regarding the value any particular claim.
INDEMNIFICATION. Licensee agrees to indemnify and hold harmless James M. Voelker from any claims made arising from your use of this Software including but not limited to attorneys fees, economic and non-economic damages.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Illinois law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is 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, or at 252.211-7015. Contractor/manufacturer is James M. Voelker, Peoria, IL 61614.