Software License Agreement

This copy of ClerkBooks Municipal Accounting System (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. ClerkBooks, Inc. or its subsidiaries, affiliates, and suppliers (collectively “CLERKBOOKS”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING, OR BY INSTALLING, THE SOFTWARE THEN SELECTING THE “ACCEPT” OPTION DURING INSTALLATION OR BY USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant
This Agreement entitles you to install and use as many copies of the Software Product as needed for one (1) legal entity (City, Town, Township, County, etc.) by as many consecutive end-users as needed. In addition, you may re-download and re-install the Software Product in the case of computer hardware replacement or re-configuration. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product for more than one legal entity at any given time, even on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. For further information regarding licensing of the Software Product, please contact:

ClerkBooks, Inc.
185 East Sesame Street
Garner, IA 50438

641-425-9878

Requirement to Keep Current
Software must be in a supported state. Due to cyber security threats and changing Federal, State and Local compliance requirements, the software is updated on a regular basis. Both software updates and upgrades are provided according to the Software Renewal Program defined below. Software updates include fixes to cyber security and any errors in programming logic. Software upgrades include new features and improvements to meet changing Federal, State and Local compliance requirements. All licensed users must check for updates on a monthly basis. If updates and upgrades are not maintained according to schedule, ClerkBooks reserves the right to shut off access to your ClerkBooks modules. Intuit, makers of QuickBooks may also discontinue service according to their license agreement which may be reviewed through the link below this agreement.

Software Renewal Program
The Software Renewal Program is an annual fee for continued access to the ClerkBooks software modules. This is separate from the QuickBooks upgrade program. Rather than releasing new editions of our software each year, we release regular updates that include both bug fixes and new features. This is known as SAAS (Software as a Service). The access to the software is a subscription, rather than a one-time purchase. Renewal prices are stated on your initial quote and may change each year based on Federal cost-of-living adjustments and/or addition of new features. Failure to pay the annual fee will result in the loss of access to the ClerkBooks software modules and the data therein. Access can be restored once the annual fee has been paid.

Addition of the Software Renewal Program was first announced in a newsletter dated 10/9/20. An online version of that article has been reproduced here: https://wp.clerkbooks.com/wp-content/uploads/20-10-09.pdf

Restrictions on Transfer
Without first obtaining the express written consent of ClerkBooks, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one legal entity, or permit the use, copying, or installation of the Software Product by more than one legal entity. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of legal entities permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.

You may not use the database portion of the Software Product in connection with any software other than the Software Product.

Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying
You may not copy any part of the Software Product.

Limited Software Product Warranty
For a period of 90 days days from the date of shipment or from the date that you download the Software Product, as applicable, ClerkBooks warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.

Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CLERKBOOKS, CLERKBOOKS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

ClerkBooks makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. ClerkBooks makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. CLERKBOOKS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL CLERKBOOKS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CLERKBOOKS OR ANY OTHER PARTY, EVEN IF CLERKBOOKS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS CLERKBOOKS’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of ClerkBooks . ClerkBooks reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If ClerkBooks is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by ClerkBooks to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold ClerkBooks harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs
This Agreement shall be governed and interpreted by the laws of the State of Iowa. Hancock County, Iowa shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Both parties hereby consent to such personal and exclusive jurisdiction.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

QuickBooks Software License Agreement

Q: Why is ClerkBooks Better Than Manual Bookkeeping?

Answer:
  • The manual approach is time consuming, tedious and difficult to balance. ClerkBooks automates your entries and will not let you save a transaction unless it balances. Your books are balanced after every transaction!

  • Reports in a manual bookkeeping system can take up a lot of your time and energy. ClerkBooks allows you to run reports, on the spot, for any given time period, even previous fiscal years!

  • Ever get tired of thumbing through pages and pages of big bulky ledgers to find linked information? QuickBooks reports allow you to “drill-down” from any report to the orginal transactions on that report!

  • QuickBooks also has a comprehensive search tool allowing you to quickly find everything you need.

  • Spreadsheet formulas are hard to learn and easy to break. The built-in accounting functions of ClerkBooks organizes and calculates your finances for you.

  • The manual approach puts your financial records into multiple ledgers or spreadsheets. ClerkBooks organizes all your accounting into one uniform system.
Q: Why is ClerkBooks Better Than QuickBooks Alone?

Answer:
  • QuickBooks is the world’s #1 small business software, but it isn’t made for Municipalities. ClerkBooks adds full fund-based accounting to QuickBooks.

  • ClerkBooks adds fund tracking and the chart of accounts recommended by your State Auditor.

  • ClerkBooks adds utility billing for water, sewer, garbage and electricity.

  • ClerkBooks adds over 50 custom reports tailored for cities including: council reports, utility billing reports and state reports.

  • ClerkBooks adds custom payroll items and employee templates specific to City Government.

  • ClerkBooks adds a Journal Entry Tool which automatically splits your payroll taxes and benefits into the proper expense account and fund. The tool also closes out your month by transferring net income/net loss into the appropriate fund balance.

  • ClerkBooks adds a User Support Site with a searchable and printable set of step-by-step “cheat sheets”, hours of video training and various resource links specifically for your state.

  • Our staff supports the ClerkBooks modules and QuickBooks. We also offer general accounting and audit support.
Q: Why is ClerkBooks Better Than Our Competitors?

Answer:
  • Many of our competitors offer “add-ons” for QuickBooks. Our system is completely integrated with and is designed specifically for QuickBooks.

  • ClerkBooks is designed by a former City Clerk who has faced the same situations you face on a day-to-day basis.

  • We live in Small-Town Iowa. We built ClerkBooks to work for small towns and have added the features and stability for larger cities. We don’t try and make small towns fit into the larger city model.

  • Hey, did I mention that we use QuickBooks? That means:
    • You get to use the world’s #1 accounting system.
    • You can get help from just about anywhere: local accountants, local colleges, online classes and videos, and of course, through us.
    • Most auditors are already familiar with QuickBooks. They love the features, and really love our additions.

  • Before we hand-off the system to you, we streamline and customize the system specifically for your City and your State. We enter all of your customer information. We enter all of your beginning balances (customer, payroll, bank, loans/bonds, funds, etc.) We enter all your employee and payroll information. We set-up your utility billing rates. We enter all this, and more. When we hand the system off to you, you can use it right away!
Q: Who Uses ClerkBooks?

Answer:
ClerkBooks is now in use by over 170 cities in 24 states. Contact us for a list of cities you can call for references.
Q: Why Do City Councils Love ClerkBooks?

Answer:
  • Initial price includes everything your City Clerk needs to get started right away, including: software, installation, configuration and orientation. We set-up your beginning bank, customer, vendor, employee and fund balances. We set-up your utility billing rates and beginning meter readings. We even reconcile the first month’s bank statements!

  • You get the up-to-date information you need, including: Bank Reconciliations, Voucher Forms & Claims for Approval Summary, Budget vs Actual, Fund Balances, Departmental reports and much more!

  • Your City Clerk can “drill-down” each income or expense line and give you a report of every transaction in that account, at any time!

  • Historical reports give you a “Red Flag” for any altered financials. Giving you confidence that your reports are consistent!

Download a summary flyer for your Council or your Auditor!
Q: Why Do City Clerks Love ClerkBooks?

Answer:
  • Easy to learn, easy to use!

  • Organizes all your finances in one place!

  • Easily keeps track of all your receivables, including liens and other assessments!

  • Saves valuable time by automating common transactions and streamlining processes!

  • Dedicated User Support website with training videos, state specific resources and printable sets of step-by-step cheat sheets.

  • Share Screen support, where we can see your screen and walk you through any software or accounting questions you have.

Download a summary flyer for your Council or your Auditor!
Q: Why Do Auditors Love ClerkBooks?

Answer:
  • ClerkBooks has added the Chart of Accounts as recommended by the State Auditor’s Office, including: Funds, Revenue Sources, Expense Activities, Functions, and Objects.

  • ClerkBooks builds both a Profit & Loss by Fund and a Balance Sheet by Fund, accurately.

  • ClerkBooks has added a Closing Tools module which warns City Clerks when they attempt to change a closed period and makes it easy to see if any closed period has been altered.

  • Provides a list of check numbers to highlight any duplicate or missing check entries.

  • Includes Audit Trail and Voided/Deleted Transactions reports.

  • Coupled with QuickBooks Statement Writer, can create GAAP compliant reports.

  • Can accurately run and report as: Pure Cash Basis, Modified Cash Basis, Modified Accrual Basis, or Pure Accrual Basis.

Download a summary flyer for your Council or your Auditor!
Q: What can I print out for our Council?

Answer:
Feel free to print out any of the pages on the website. You can also download a summary flyer for your Council or your Auditor!

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