End user agreement for Programa de Restaurante Profesional
END USER LICENSE AGREEMENT OF PROGRAMA DE RESTAURANTE PROFESIONAL (www.programaderestaurante.com)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE (which is “Programa de Restaurante Profesional”), BY KEEPING THIS SOFTWARE INSTALLED IN YOUR COMPUTER/S.
IF YOU DO NOT AGREE, PLEASE DO NOT DOWNLOAD OUR SOFTWARE, AND/OR TERMINATE INSTALLATION IMMEDIATELY THEN UNINSTALL THE SOFTWARE THROUGH WINDOWS UNINSTALL PROCEDURES, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies to “Programa de Restaurante Profesional” software package (or "Software Para Restaurantes") with which this Agreement is made for.
2. FREE USE OF TRIAL VERSION.
(a) Original Trial Distribution Package. In order to qualify for the free use license described below, you must have downloaded or received Software Para Restaurantes in the form of an original installation program package, which is just one file, found in our download page: http://www.programaderestaurante.com/descargas.php
(b) You may install and use Software Para Restaurantes free of charge, for the purpose of evaluating the program. If after evaluation you feel you need the program for your restaurant or other needs, then you should buy or register the program at: https://www.regnow.com/softsell/nph-softsell.cgi?item=28582-1&locale=ES¤cy=USD
(b.1.) In case Software Para Restaurantes is not suitable for your needs then you should uninstall the program from the computer/s where you installed Software Para Restaurantes so that your computer will have more space in its hard drive or hard disk.
(c) You are free to copy, store, distribute and transmit Software Para Restaurantes in its original installation program package form which is a trial version of Software Para Restaurantes.
(d) Limitation of Use (Below are some of the items that you are not allowed to do)
Once a license is purchased of Software Para Restaurantes , you are only allowed to use this licensed version of Software Para Restaurantes in your own restaurant business and not in other restaurants. You are not allowed to modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on downloaded copy of Software Para Restaurantes.
You are not allowed to sell or license copies or redistribute of Programa de Restaurante Profesional to others. Nor are you allowed to remove any proprietary notices or labels on Programa de Restaurante Profesional.
You may not use Software Para Restaurantes in “High Risk Activities” as described in Section 9 of this End User License Agreement .
4. SUPPORT. Software Para Restaurantes contains online help files and a Manual included in the installation, found in the folder where Software Para Restaurantes is installed. Email support is provided for evaluation users and of course registered users.
5. DISCLAIMER OF WARRANTY. THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF Software Para Restaurantes DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST SOFTWARE PARA RESTAURANTES BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE PARA RESTAURANTES AND DISTRIBUTING FILES CREATED THROUGH USE OF SOFTWARE PARA RESTAURANTES, AND THAT IF YOU USE SOFTWARE PARA RESTAURANTES IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE PARA RESTAURANTES IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF Software Para Restaurantes, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SOFTWARE PARA RESTAURANTES, FILES CREATED USING SOFTWARE PARA RESTAURANTES, OR YOUR RELATIONSHIP WITH THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF Software Para Restaurantes.
7. TITLE. THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF Software Para Restaurantes own the Programa de Restaurante Profesional software, all other materials in this Software Para Restaurantes Original Distribution Package, and the names and marks "Programa de Restaurantes Profesional" and "Software Para Restaurantes", under the copyright, trademark, and trade secret laws and all other laws that may apply.
8. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Software Para Restaurantes software and all other materials in this Software Para Restaurantes Original Distribution Package and, at THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF Software Para Restaurantes sole discretion, any or all of the files created by you using Software Para Restaurantes and distributed to others.
9. HIGH RISK ACTIVITIES. Software Para Restaurantes 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 Software Para Restaurantes could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF Software Para Restaurantes and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
10. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF SOFTWARE PARA RESTAURANTES . Waiver by THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF SOFTWARE PARA RESTAURANTES of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to Software Para Restaurantes or to this Agreement shall be governed by the laws of the Philippines. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF SOFTWARE PARA RESTAURANTES or the matters in this Agreement shall be exclusively in courts located in Manila, Philippines. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by THE SOFTWARE DEVELOPER AND DISTRIBUTOR OF SOFTWARE PARA RESTAURANTES herein.