Templates for Continuous Process Improvement

 

License Agreement

for Systems2win templates for process improvement

THE MOST IMPORTANT TWO THINGS THAT EVERY USER MUST KNOW

1) All templates are licensed for use only on computers that have the Systems2win Excel add-in installed.

It is not okay to use any template on any computer that does not have the Systems2win add-in installed.

2) Any document created using a licensed Systems2win template that is distributed outside of licensed users must be in a non-editable format,
such as printed paper, an image file, or a PDF.

To make it easy to comply with this license requirement, Systems2win provides training for how to use free PDF writing software.

EXCEPTION: WORKING DOCUMENTS

Some Systems2win templates contain a special button to Generate a Working Document.

It is permissible for a licensed user to use that button to generate working documents that can then be used and edited by others within your organization. (Not outside of your organization)

TRIAL AND SHAREWARE VERSIONS

Some Systems2win templates are available in a Trial or Shareware version.

Trial and shareware templates are licensed for use only on computers that have the Systems2win Excel add-in installed.


This is a legal agreement between the Licensee, as an individual or an entity, and Systems2win.  By installing and using this Software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install this software, or promptly delete the Software from your computer. A single license violation of this agreement is cause for license revocation and possible civil and/or criminal penalties.

Bookmark = LICENSEE

LICENSEE

The Licensee is the purchaser, or the user designated by the purchaser.

When multiple seats are purchased,
then it is a free service for Systems2win to personalize each Word and Excel template with the name and logo of the Licensee.

 

EXCHANGING TEMPLATES BETWEEN LICENSEES

Templates can be exchanged between users from different groups of Licensees —
as long as both Licensees own a license for the template being exchanged.

Any document created using a Systems2win template that is distributed outside of Licensed Users
must be in a non-editable format, such as printed paper, an image file, or a PDF.

 

GRANT OF LICENSE

Templates are licensed on a per seat basis. Refer to full description and terms of per seat license.

License Activation can be easily moved between computers, by using the features to activate and deactivatate.

Each user must be an employee or contractor for the Licensee.

Non-editable deliverables created from this software can be used for the benefit of joint-venture partnerships,
however, the nonpurchasing joint-venture partner has no ownership rights to the software.

Any document created using a Systems2win template that is distributed outside of Licensed Users
must be in a non-editable format, such as printed paper, an image file, or a PDF.

 

YOUR CONSULTANTS

It is permissible for your hired consultants, contractors, and suppliers to use your templates on your behalf — using one or more of your licensed seats.

Your consultants will need to purchase a consulting license to use the templates for any other client.

Consulting Firms and Educational Institutions that own their own license can use templates on behalf of their clients —
in accordance with the terms and conditions for Consulting Firms and Educational Institutions.

Bookmark = WORKDOC

GENERATE A WORKING DOCUMENT

Generate a Working Document

There are a few Systems2win templates that have a special button to 'Generate a Working Document'.

Those templates (only) can be used to generate a working document that can be distributed in (editable) Excel format,
even to users that do not have the Systems2win add-in installed on their computer.

Templates that have this special button are:

  1. Hoshin Kanri Policy Deployment X-Matrix template
  2. Leader Standard Work template
  3. 8D Problem Solving (for this template only, it is permissible to also share your working document with your suppliers)

As long as your organization owns a license for at least one seat, it is permissible for unlimited users within your organization to use a copy of the working document generated from your Systems2win template that supports this special feature.

If your organization does not own even 1 single license, then it is only permissible to use such a working doment generated from a trial template for the length of the trial period. Once the trial period has expired, you must purchase a license in order to continue using that working document in your organization.

Bookmark = PRIMARY

PRIMARY CONTACT

Because of the way that a single license is distributed for multiple activations,
each customer is required to provide contact information for your Primary Contact (aka Systems2win Champion).

Systems2win Champion responsibilities:

  1. Serve as primary contact for notification of upgrade anniversary renewals, and notifications of upcoming user groups and trainings.
  2. Serve as your in-house "go to" person for questions about your Systems2win templates.
  3. Ensure that all users are familiar with the terms of this license agreement.

Learn more about Systems2win Leadership Roles.

Your Primary Contact does not have the option of 'opting out' of infrequent email notifications for upgrade renewals and upcoming user group sessions.

(Please note that our newsletter is published using a completely different database, which can be easily unsubscribed at any time)

Your company must always provide a designated Primary Contact at all times (even if an original Primary Contact is no longer with your company).

The name of the Primary Contact for your company can be found in Excel > Systems2win menu > Setup > About Systems2win Templates.

 

COPYRIGHT  

All intellectual property rights in the software, including but not limited to all code, animations, audio, images, maps, photographs, video, and text incorporated into or associated with the software are owned by Systems2win and are protected by United States copyright laws and international treaty provisions. Systems2win retains all rights not expressly granted. Printed materials contained within the software cannot be distributed outside of your Licensed Users. You may not rent or lease the software. Reverse engineering, de-compiling, or disassembling the software is expressly prohibited by applicable law. 

(Conventions: Within this contract, the terms Software and Template or Templates are interchangeable.)

 

PERSONALIZATION

It is permissible to personalize your Systems2win templates any way you want as long as:

1) You do not remove the Systems2win copyright and licensing notices
2) You do not disable or in any way alter the Systems2win Excel add-in

Bookmark = AUDIT

LICENSE COMPLIANCE AUDIT

Systems2win reserves the right to request a compliance audit at any time.

 

SUPPORT

Purchase price includes one year of free telephone & web conference support – to answer your quick questions about how to use a template.

Training or consulting for topics such as Lean, Six Sigma, or Strategic Planning is available as a billable service.

Support for shareware and trial templates is provided within reason.

 

UPGRADES

Upgrade pricing & policies are published on the Upgrades web page, and are subject to change without notice.

 

CLIENT LIST

The name of any client can be published on the Systems2win customer list — unless we receive a written request not to be listed.

 

DIVESTITURE

It is not permissible to sell or distribute your licensed templates outside of your licensed company.

Exception:

Provided that the receiving Licensee agrees to be bound by the same terms and conditions of use as the transferring Licensee, the Licensee may transfer or assign, without Licensor's consent and without payment of additional fees or charges, a right and license to use these templates:
(i) to a purchaser of the entire licensed company or division (not just a portion of it), provided that the purchaser agrees in writing to be bound by the terms and conditions of use, termination, liability, and non-disclosure contained in this Agreement.
(ii) to a new legal entity purchased or created as a division of the licensed company or division

 

IN-HOUSE SUPPORT REQUIREMENTS

The client assumes total responsibility for the design, setup, and testing of its systems security.

Systems2win will not be held liable under any circumstances for any incidental or consequential damages resulting from improper or inadequate security design, setup, or testing of web conferencing and/or the Portal.

The client needs sufficient support resources (in-house &/or outsourced)
to assume primary front-line responsibility for the maintenance and care of its chosen technologies.

 

DELIVERY AND PAYMENT TERMS

KEEP A BACKUP OF THE MASTER FILES that are emailed to you.

Systems2win does not guarantee to save a backup file of the installation file that was delivered to you,
even though it is our informal practice to save a copy for 1 year.

There is a $25 replacement if Systems2win needs to redelivery your installation files.

 

LIMITED WARRANTY

Systems2win warrants that the software, as delivered, is free from defects for a period of thirty (30) days from date of delivery.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OF INABILITY TO USE THE SOFTWARE, USER INSTRUCTIONS, DOCUMENTATION, OR OTHER RELATED TECHNICAL SUPPORT, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR ANY ALLEGED DAMAGES OR BREACH OF THIS AGREEMENT IS A REFUND OF MONEYS PAID TO DEAN ZIEGLER (dba Systems2win).

 

ARBITRATION

Any controversy or claim arising out of or relating to the Agreement or the breach of it shall be settled by arbitration in Wilson County, Tennessee, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; provided, however, in rendering its decision, the arbitrator(s) shall be bound by the laws of the State of Tennessee (without regard to its conflicts of laws provisions) and by the terms and conditions of this Agreement setting forth the rights and responsibilities of the parties. The prevailing party in any action related to or arising under this Agreement shall be entitled to reasonable attorney's fees and costs.

 

Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred without prior written consent of the other party.

The invalidity or unenforceability of any particular provision(s) of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted, and this Agreement shall remain in full force and effect.

No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party or waiver of a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

 

It is understood that Systems2win is a dba name for Dean Ziegler, a sole proprietor.

This is our entire agreement, which may be changed in writing with the approval both parties.

 


Bookmark = Consulting

Additional terms and conditions
for Authorized Resellers, Consulting Firms,
and Educational Institutions

In addition to the above, Authorized Resellers, Consulting Firms and Educational Institutions also agree to the following...

If, and only if, you have provided proof that your firm is in fact in the primary business of consulting or education...

Then you can use your Systems2win templates for consulting and training purposes, under the following conditions:
 

USE OF TEMPLATES FOR CONSULTING:

  1. Client deliverables created using Systems2win templates are delivered to the client in a non-editable format. E.g. a printed document, a PDF file, or an image format such as gif, jpg, bmp...

    IT IS NEVER PERMISSIBLE to distribute a non-trial or shareware deliverable in a Excel or Word document format
    that can be edited by your clients or students unless they own their own license.

  2. Each client deliverable must retain all Systems2win copyright notices, exactly as delivered from Systems2win.
  3. If you observe unauthorized use of Systems2win templates, you report it to Systems2win.

 

USE OF TEMPLATES FOR EDUCATIONAL TRAINING

Approval for consulting and training are 2 separate approval processes.

  1. All of the same rules for consulting also apply to educational training.
  2. Trial and shareware versions of templates can be used for classroom training.

    All other (non-trial, licensed) templates can be used:

    a) To develop handouts and classroom assignments — which must be distributed in a non-editable format, such as printed paper or PDF.

    b) For the Authorized Instructor to demonstrate concepts in front of the class (using a projector)

    FOR ALL TEMPLATES OTHER THAN TRIAL VERSIONS — HANDS ON USE BY STUDENTS IS EXPLICITLY PROHIBITED  —
    UNLESS THE STUDENTS OWN THEIR OWN LICENSE
    for their own Systems2win templates.

 

Important note: A single license violation is cause for license revocation and possible civil and/or criminal penalties.

Exceptions to any of the above terms can be granted in writing.

 

FINDERS FEE FOR CONSULTING FIRMS

Authorized Consulting Firms might be eligible to receive a finder's fee commission for being the first to refer a new client to Systems2win.

Terms and conditions are subject to change at any time, and are published on the Consultants page.

 

LINK EXCHANGE

Licensed consulting firms that provide a link to Systems2win.com will receive a reciprocal link from the Systems2win web site.

Simply email us with a link to the page on your site containing our link — with your request for us to add your link to our site.

 

PRIVATE-LABEL TEMPLATES

You can not offer any other editable Word or Excel templates that compete with any 'crown jewel' templates offered by Systems2win for 1 year following written notification of termination of this agreement.

'Crown jewel' templates are defined as the following:

  • Value Stream Map
  • Standard Work Combination Sheet
  • Visual Work Instructions / Job Instructions
  • Swim Lane Functional Flow Chart
  • Yamazumi
  • Excel Gantt Chart
  • FMEA
  • Control Chart
  • OEE
  • QFD

For ANY Systems2win template, it is not permissible to reverse engineer it, or make a few changes, call it your own, and then sell it or give it away in an editable format. Any private-label templates that you offer should ideally be completely different from any Systems2win template, and at a minimum must be unique enough that a reasonable person would not have simply personalized a standard Systems2win template.

 

As long as you comply with the above restrictions...
you ARE allowed to sell or give away non-Systems2win Word or Excel templates

and you are encouraged to distribute your templates using your client's S2winSync folder
so that your custom templates are automatically distributed whenever a user syncs their local PC with the templates in their master S2winPortal.

 

Systems2win will not sign any confidentiality agreement, and will not pay money for ideas to improve Systems2win templates. If you don't want Systems2win to see your confidential & proprietary private-label tools, then there is no need for you to show them to Systems2win. (You can still use our S2winSync capability to distribute your private-label templates without our ever seeing them.)

If you make routine changes to our Systems2win templates or portal as part of your regular delivery of your private-label templates, then we encourage (but do not require) you to ask Systems2win to review what you are doing — perhaps with the possibility of incorporating those changes into base code.

 

If you use Visual Basic to add macros or add-in functionality to your private-label templates...
then we highly recommend that you use one of the error-handling techniques thoroughly taught in the book Professional Excel Development, by Bullen, Bovey, and Green. Excel is not a multi-threaded application, so any errors that you don't trap will be captured by the Systems2win error handler, and we will charge our regular billing rate to debug your application.

 

Authorized Resellers also agree to comply with any additional individually-negotiated terms and conditions that supplement (and do not replace) the terms and conditions of this License Agreement.

 


 

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and user documentation is provided with restricted and limited rights. Use, duplication, or disclosure by any Government agency purchasing Systems2win Software is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause contained in the Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights of the Code of Federal Regulations (CFR) 52.227-19, as applicable.