End user agreement for Hotsales
I. This End User License Agreement ("Software License Agreement") is a legal document between you and Soft Service, Ltd ("SoftService") software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). It is important that you read this document before using the SoftService-provided software ("Software") and any accompanying documentation, including without limitation printed materials, 'online', or electronic documentation ("Documentation"). By clicking the 'Next' button below, by installing, or otherwise using the Software, you agree to be bound by the terms of this Software License Agreement including without limitation the warranty disclaimers, limitation of liability and termination provisions below, whether or not you decide to purchase the Software. If you do not agree, you are not licensed to use the Software, and you must destroy any downloaded copies of the Software in your possession or control.
II. SOFTWARE PRODUCT LICENSE: 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 licensed, not sold.
III. GRANT OF LICENSE: This Software License Agreement grants you the following rights:
(a) Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, on a single computer("COMPUTER").
(b) You must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
(c) Reservation of Rights. All rights not expressly granted are reserved by SoftService.
(d) Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, de-compile, or disassemble the SOFTWARE PRODUCT.
(e) Trademarks. This Software License Agreement does not grant you any rights in connection with any trademarks or service marks of SoftService.
(f) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
(g) Support. One time installation, one time configuration, email technical support during normal business hours.
(h) Termination. Without prejudice to any other rights, SoftService. may terminate this Software License Agreement if you fail to comply with the terms and conditions of this Software License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by SoftService or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Software License Agreement grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
BACKUP COPIES: After installation of one copy of the SOFTWARE PRODUCT pursuant to this Software License Agreement, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this Software License Agreement, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. U.S. GOVERNMENT RESTRICTED RIGHTS: All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. NOTE ON JAVA SUPPORT: THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
MISCELLANEOUS: If you acquired this SOFTWARE PRODUCT in the United States, this Software License Agreement is governed by the laws of the State of Nevada.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE U.S. AND CANADA: SoftService warrants that (a) SoftService's support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES: This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SoftService AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall SoftService or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if SoftService has been advised of the possibility of such damages. If you have entered into a SoftService Support Services Agreement, SoftService's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.