End user agreement for SELLmatix POS
END-USER LICENSE AGREEMENT FOR HIMATIX SOFTWARE
IMPORTANT-READ CAREFULLY: This Himatix End-User License Agreement (''EULA'') is a legal agreement between you (either an individual or a single entity) and Himatix.com for the Himatix software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials (''SOFTWARE PRODUCT''). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (''UPDATES''), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
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. NOTE: The terms of a printed, paper EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.
1. LICENSE TO USE SOFTWARE PRODUCT.
1.1 General License Grant. Himatix grants to you as an individual, or company a nonexclusive license to make and use copies of the SOFTWARE PRODUCT. You may install copies of the SOFTWARE PRODUCT on an unlimited number of computers provided that a valid Activation Code covering the period during which the SOFTWARE PRODUCT is used on those computers has been issued by Himatix.
1.2 Documentation. This EULA grants you, as an individual, a personal, nonexclusive license to make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises.
1.3 Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on computers used by a licensed end user in accordance with Section 1.1. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Not For Resale Software. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
2.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, even if it is expressly permitted by applicable law.
2.3 Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
2.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Himatix.
2.5 Support Services. Himatix may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Himatix policies and programs described in the user manual, in "online" documentation
and/or in other Himatix-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Himatix as part of the Support Services, Himatix may use such information for its business purposes, including for product support and development. Himatix will not utilize such technical information in a form that personally identifies you.
2.6 Software Transfer. This EULA cannot be transferred to any other individual or entity.
2.7 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.
2.8 Acceptable Use Policy. You acknowledge that you have read the Acceptable Use Policy as published by Himatix.com, are a party entitled to use the SOFTWARE PRODUCT under the terms of the Acceptable Use Policy, and agree to use the SOFTWARE PRODUCT only within the terms of the Acceptable Use Policy as amended from time to time by Himatix.com.
2.9 Termination. Without prejudice to any other rights, Himatix may terminate this EULA if you fail to comply with the terms and conditions of this EULA, or the Acceptable Use Policy as amended from time to time. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. PRERELEASE CODE. Portions of the SOFTWARE PRODUCT may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Himatix is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Himatix. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Himatix as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
5. COPYRIGHT. All title and intellectual property rights 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 Himatix or its suppliers. All title and intellectual property rights in and to the content which 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 EULA grants you no rights to use such content. All rights not expressly granted are reserved by Himatix.
6. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with NO RIGHTS WHATSOEVER for ANY Government use, duplication, or disclosure.
7. EXPORT RESTRICTIONS. The SOFTWARE PRODUCT carries NO restrictions regarding export to ANY country including, but not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located.
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, Himatix warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Himatix shall be substantially as described in applicable written materials provided to you by Himatix, and Himatix support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, however Himatix.com does not operate or hold assets in such jurisdictions, so such "protections" do not apply to you or this EULA.
CUSTOMER REMEDIES. Himatix's and its suppliers' entire liability and your exclusive remedy shall be, at Himatix's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Himatix's Limited Warranty and that is returned to Himatix with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Himatix are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIMATIX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS 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.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIMATIX 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 FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HIMATIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HIMATIX'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A HIMATIX SUPPORT SERVICES AGREEMENT, HIMATIX'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, HOWEVER SUCH JURISDICTIONS HAVE NO POWER TO REGULATE IN THE COUNTRIES WHERE HIMATIX.COM CONDUCTS ITS BUSINESS, SO SUCH "PROTECTIONS" DO NOT APPLY TO YOU, EVEN IF YOU DO RESIDE IN SUCH A JURISDICTION.