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.
This license applies to both the evaluation version of Inventek POS as well as
the regular version.
EVALUATION VERSION:
This is not free software. If you downloaded a demo version subject to the terms
below, you are hereby licensed to use this software for evaluation purposes
without charge
for a period of 30 days.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES
AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED
OR IMPLIED.
Good data processing procedure dictates that any program be thoroughly tested
with non-critical data before relying on it. The user must assume the entire
risk of using the program.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
- Systems Software.
You may install and use one copy of the SOFTWARE PRODUCT on a single computer,
including a workstation, terminal or other digital electronic device
("COMPUTER").
- 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 your other COMPUTERS over an internal network; however, you must
acquire and dedicate a license for each separate COMPUTER on or from which the
SOFTWARE PRODUCT is installed, used, accessed, displayed or run. A license for
the SOFTWARE PRODUCT may not be shared or used concurrently on different
COMPUTERS.
- License Pak.
If this package is a TGS License Pak, you may install and use additional copies
of the computer software portion of the SOFTWARE PRODUCT up to the number of
copies specified above as "Licensed Copies".
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation, and
Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
- Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may
not be separated for use on more than one computer.
- Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.
- Trademarks.
This EULA does not grant you any rights in connection with any trademarks or
service marks of TGS.
- Support Services.
TGS may provide you with support services related to the SOFTWARE PRODUCT
("Support Services"). Use of Support Services is governed by the TGS polices and
programs described in the user manual, in "on line" documentation and/or other
TGS-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 TGS as part of the Support Services, TGS may use such
information for its business purposes, including for product support and
development. TGS will not utilize such technical information in a form that
personally identifies you.
- Software Transfer.
The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer
of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer
must include all of the SOFTWARE PRODUCT. Such transfer may not be by way of
consignment or any other indirect transfer. The transferee of such one-time
transfer must agree to comply with the terms of this EULA, including the
obligation not to further transfer this EULA and SOFTWARE PRODUCT.
- Termination.
Without prejudice to any other rights, TGS may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed
to use a product identified by TGS 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.
4. 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 TGS 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
TGS.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the
type or size of medium you receive, you may use only one medium that is
appropriate for your single computer. You may not use or install the other
medium on another computer. You may not loan, rent, lease, lend or otherwise
transfer the other medium to another user, except as part of the permanent
transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA,
you may keep the original media on which the SOFTWARE PRODUCT was provided by
TGS solely for backup or archival purposes. If the original media is required to
use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE
PRODUCT solely for backup or archival purposes. Except as expressly provided in
this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the
printed materials accompanying the SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Techsigma, Inc, Inc./5881 NW 151 Street Suite 105
Miami Lakes, FL 33014
8. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE PRODUCT to any
country, person, entity or end user subject to U.S. export restrictions. You
specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any
country to which the U.S. has embargoed or restricted the export of goods or
services, which currently include, but are not necessarily limited to Cuba,
Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport the products
back to such country; (ii) to any end-user who you know or have reason to know
will utilize the SOFTWARE PRODUCT or portion thereof in the design, development
or production of nuclear, chemical or biological weapons; or (iii) to any
end-user who has been prohibited from participating in U.S. export transactions
by any federal agency of the U.S. government.
MISCELLANEOUS
- If you acquired this product in the United States, this EULA
is governed by the laws of the State of Florida.
- If you acquired this product in Canada, this EULA is governed
by the laws of the Province of Ontario, Canada. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of the Province of Ontario
and further agrees to commence any litigation which may arise hereunder in the
courts located in the Judicial District of York, Province of Ontario.
- If this product was acquired outside the United States, then
local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact
TGS for any reason, please contact TGS, or write:
Sigma Software Solutions, Inc
10001 NW 50 Street Suite 201E
Sunrise, FL 33351
WARRANTY
WARRANTY.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES
AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED
OR IMPLIED.
NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGS 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. 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 TGS 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 TGS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TGS'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 TGS SUPPORT SERVICES AGREEMENT, TGS'S ENTIRE
LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT
AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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