License Agreement

Important: Please read this License carefully before using the software. The right to use this software is granted only if the customer agrees to the terms of this License. If you do not agree to the terms of this License, you must not use the software, and must remove it from your computer. However, use of this software indicates your complete and unconditional acceptance of these terms and conditions. Acclaim Software Ltd grants you a License to use a copy of the software subject to the following terms and conditions.

1. No title or ownership is conferred with this License.
2. This License also applies to customised versions of the software. For customised versions all intellectual rights remain with Acclaim Software Ltd.
3. The Software may only be copied using the original installation disks or installation file.
4. You do not remove any copyright notices from any part of this software.
5. This software is copyrighted and may not be disassembled, de-compiled, decrypted, or reverse engineered, or have its security tampered with.
6. Any third party supplier of this software is a third party beneficiary of this License and may protect its rights against violations in this License.
7. Acclaim Software Ltd reserves the right to terminate this License upon breach. In the event of termination of the License, all copies of the software must be returned or destroyed.
8. To the extent permitted by law, Acclaim will not be liable for any indirect, incidental, special or consequential loss or damage, or for any loss of profit, revenue, business, opportunity, goodwill or data, arising from the Software or its use. This limitation does not apply to Acclaim’s fraud or deliberate wrongdoing.
9. You may not alter the software without the written consent of Acclaim Software Ltd.
10. This Agreement sets forth the entire agreement between the parties.
11. Acclaim is not responsible for correcting problems caused by computer hardware, Windows, Microsoft Access, internet connections, networks, printers, drivers, cloud-storage services, email providers or other software and services not supplied by Acclaim. The Licensee is responsible for maintaining its internet connection, third-party accounts, passwords, permissions and provider settings. Acclaim may provide reasonable assistance in identifying such problems but is not required to repair, configure or support third-party products or services.
12. Acclaim does not guarantee that the Software will be free from errors or omissions. Acclaim may provide corrections or updates from time to time but does not promise to correct every error or omission. This clause is subject to any rights that cannot lawfully be excluded.
13. Acclaim does not guarantee that the Software will meet all of the Licensee’s particular requirements or be suitable for every particular purpose. The Licensee is responsible for assessing the Software’s suitability before purchasing or registering it, including by using any available trial version. This clause does not exclude any guarantee or other right that cannot lawfully be excluded.
14. Current prices, support charges and service details are published on Acclaim’s website and may change from time to time. Changes apply only to purchases or support services requested after the changes are published.
15. The registration is on a "per data file" basis, so each cashbook data file must be registered separately. Registrations are not transferable from one organisation name to another, and nor may a registration for one organisation be repurposed for another organisation. This includes Free registrations. Once one data file has been registered then all subsequent ones can be purchased for half the normal price, provided that prior use of the software has been in good faith and in accordance with this agreement. This discount is not available where earlier use involved unlicensed or unauthorized copies of the software. You should not start another data file for a new financial year (warnings are given in the software). If you do then you can purchase a new registration for half the normal price. Cashbook Home versions are no longer free and need to be registered at the current price.
16. Acclaim reserves the right to restrict the functionality of the software for unregistered users, or for users who have not registered the software to the appropriate level, or for users who have tried to circumvent the registration logic, or for users who reverse their payments made through PayPal or for users that owe Acclaim money and don't pay.
17. Tech support is completely at Acclaim's discretion. For issues that can be replied to quickly, it is typically free, but if the requests are too frequent, or if there are problems which take longer to resolve then the tech support is charged out according to Acclaim's "Fair Use Policy". There is an up front fee for TeamViewer sessions, analysing or repairing data files, upgrading very old files, recovering a password or giving temporary access to an expired file. Acclaim reserves the right to deny support (free or paid) to people that send emails that are hostile, aggressive, written in all-caps, use offensive words, talk incessantly or use threatening language. If Acclaim has asked the Licensee for payment for tech support then Acclaim has the right to "not reply" to any further tech support emails until the payment has been made. Acclaim reserves the right to change the support arrangements at any time in the future.
18. Free support for unregistered users is given at Acclaims discretion.
19. Free support is not to be used as a substitute for reading the help files, watching the video tutorials, or reading the FAQ or Troubleshooting pages on the website.
20. Support is given only in the English language, and is not given to people who do not have a basic understanding of how to operate their computer. Acclaim does not give support on how to download your bank statement from the internet because every bank is different. For that you must contact your bank.
21. This License Agreement may change when the software is upgraded. The Licensee must check and accept the new License Agreement before upgrading.
22. Upgrading of customisations is charged at Acclaims normal hourly rate.
23. The Software may connect automatically to Acclaim’s servers to check for software updates; validate and manage registrations, licences, trials and subscriptions; and send technical error or diagnostic information. Information transmitted may include the Software version, registration or licence identifiers, registered organisation and contact details, system configuration and technical error details, but only to the extent reasonably required for those purposes.
24. If there is a special promotion in a specific country, it is your responsibility to make sure that your Regional Settings in the Setup Wizard are set to your country, otherwise the special promotion will not apply.
25. Upgrades have been free, but Acclaim reserves the right to charge for upgrades in the future.
26. Acclaim may use the Licensee’s contact details to provide support and to send registration, licensing, security, compatibility, update and other service information reasonably related to the Licensee's use of Cashbook. Where permitted by applicable law, Acclaim may also send Cashbook-related news, product information and offers relevant to its relationship with the Licensee. Marketing communications will identify Acclaim and provide a functional method of unsubscribing. The Licensee may withdraw consent to marketing communications at any time.
27. For GST Returns, VAT Returns and GST Calculation Sheets, the onus is on you to make sure the figures are correct. There may be some scenarios which are not handled by these reports, in which case they should be calculated manually.
28. It is your responsibility to make sure that adequate backups are made - both to protect your data and to protect your registration which is stored in the data file. If you don't do your backups and your computer is stolen, or dies, or for any reason your data file is lost, and you don't have a copy of your registered data file, then you can purchase another registration for half the normal price.
29. It is your responsibility to adhere to the "Fair Use Policy", and "Return Policy" as shown on our website(s).
30. Acclaim Software Ltd may at any time choose to sell the software to another company, make the software open sourced (free) or shut the software down. If it is shut down then Acclaim Software Ltd will give three months notice to everyone who has an email address registered with Acclaim.
31. Acclaim Software Ltd has the right to take steps to prevent piracy. Anyone can be locked out of using the software if they a) use a registration code not provided by Acclaim Software Ltd, b) use a registration code for more than one file, c) use a file registered for one organisation to create a file for another organisation. In any case of suspected piracy it is up to the Licensee to provide Acclaim Software Ltd with information to show that they are a legitimate user. This may be a) the organisation name that was registered (an organisation can change but must be a similar type of organisation in the opinion of Acclaim Software Ltd), b) the email address that was used when registering, c) an invoice number. If an order is found which indicates that file was registered legitimately then the file will be unlocked by Acclaim Software Ltd. If an order is not found then it is up to the Licensee to purchase a registration if they want to continue using the software.
32. This Agreement is governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the New Zealand courts, with proceedings ordinarily to be brought in Auckland. Nothing in this Agreement excludes any law that must apply and cannot lawfully be excluded. It will be the Licensee's responsibility to pay Acclaim Software's legal fees.