TEKLINK INTERNATIONAL, INC ("TLI") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TekLink International, Inc for the TekLink International, Inc product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and TekLink International, Inc, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is free of charge.

SCOPE

TekLink International, Inc. created and maintains the Starter Kit for Cost and Expense Planning in BPC ("SKCEP") as an add-on for SAP BPC NetWeaver. The purpose of SKCEP is to take the functions of ERP based Cost and Expense planning and package them into a more robust and flexible interface. With SKCEP, planners can now use the rich features of Excel for planning and forecasting, with the ability to then retract those values back into SAP ERP or BW. The SKCEP brings the power of Integration to business planning, budgeting and forecasting like never before, providing a flexible platform for cost and expense planning; utilizing a simple interface while leveraging the latest technologies of visualization and control.

ACCEPTANCE OF TERMS

In order to receive SKCEP and any associated materials, Client must first agree to the terms of this EULA.

In addition, by using the SOFTWARE PRODUCT, Client expressly and unequivocally agree to the terms of this Agreement and fully understand that Client would not have been given access to the SOFTWARE PRODUCT without accepting such terms.

CHANGES TO THE EULA

TekLink International, Inc may at any time make changes to the EULA, upon which the new version will be accessible. Use of the SOFTWARE PRODUCT any time after the updates are made will be recognized as acceptance by the user of the new EULA.

INTELLECTUAL PROPERTY RIGHTS

Client acknowledge and agree that TekLink International, Inc owns all right, title, and interest in and to the SOFTWARE PRODUCT, including any intellectual property rights which exist (whether those rights happen to be registered or not).

The SOFTWARE PRODUCT is protected by copyright, trademark, and other laws of both the United States and foreign countries. Client will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SOFTWARE PRODUCT.

Nothing in this EULA shall be deemed to give Client the right to reproduce, modify, copy or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, publish, license or sell any part of the SOFTWARE PRODUCT for any reason. Client may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Client may not rent, lease, or lend the SOFTWARE PRODUCT.

The transfer of this EULA to any other individual or corporate entity is strictly forbidden without the express written consent of TekLink International.

No licenses or rights are granted to Client by implication or otherwise under any intellectual property rights owned or controlled by TekLink International, Inc, except for the licenses and rights expressly granted in this EULA.

Client may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Client may not assign Client rights and/or transfer any part of Client rights to use the SOFTWARE PRODUCT.

Client acknowledge and agree that, due to the unique nature of Proprietary Information, there can be no adequate remedy at law for breach of this Section and that such breach would cause irreparable harm to TLI. TLI shall thus be entitled to immediate injunctive relief, the granting of which shall not be subject to or conditioned upon the posting of a bond or other security, in addition to whatever other remedies TLI might have at law or in equity, in the event of an actual or threatened breach of this Section by Client or Client employees or agents.


FEEDBACK

TekLink International, Inc reserves the right to freely use feedback, comments and/or suggestions for improvements to the SOFTWARE PRODUCT (from any individual that elects to provide it) to make updates, enhancements or modifications of any kind without compensation owed to the originator of the idea. Client acknowledge and agree that all feedback will become the sole and exclusive property of TekLink International, Inc and may be used and exploited without written or verbal consent of the originator.

Any Issue encountered and reported to TLI pertaining to the SOFTWARE PRODUCT will be documented by TLI and MAY be fixed in future versions of the SOFTWARE PRODUCT. No promise or guarantee will be made regarding any fixes or future releases or of any release date of the SOFTWARE PRODUCT. Notwithstanding the foregoing, TLI will also not be responsible for maintain a help desk to provide support for the SOFTWARE PRODUCT. TLI is however willing to discuss issues and potential improvements with the SOFTWARE PRODUCT without any Obligations or Warranty.

ADVERTISING

As a condition of this EULA, TekLink International, Inc reserves the right to freely use the name, service mark, design mark, logos or trademarks of the Client (either an individual, a corporation or single entity) or of any of Clients affiliated companies in connection with the use of this software for purposes of marketing and advertising without the prior written consent of the Client.


WARRANTIES

TekLink International, Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to the following:

• TekLink International, Inc does not warrant or assume responsibility for the accuracy, reliability or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT.
  
• TekLink International, Inc does not warrant that Client use of the SOFTWARE PRODUCT will meet Client requirements.
  
• TekLink International, Inc does not warrant that Client use of the SOFTWARE PRODUCT will be uninterrupted, timely, secure or free from error.
  
• TekLink International, Inc makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.