“Licensor” [Sixth Sense Point of Sale Company Inc.] grants you “Licensee” a non-transferable, non-exclusive license to use this copy of the program and any accompanying materials according to the following terms:
You May:
a) use the program on only one computer at a time;
b) make one (1) copy of the program in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy;
c) transfer the program onto a hard disk only for use as described above provided that you can immediately provide proof of ownership for the original program.
You May NOT:
a) use the program in a network unless you pay for a separate license for each terminal or workstation from which the program will be accessed;
b) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the program or any accompanying materials;
c) rent, transfer or grant any rights in the program in any form or any accompanying materials to any person without the prior written consent of Licensor which, if given, is subject to the confereeʼs consent to the terms and conditions of this license; or
d) remove any proprietary notices, labels or marks on the program and any accompanying materials. This license is not a sale. Title and copyrights to the program, any accompanying materials and any copy made by you remain with Licensor.
TERMINATION
Unauthorized copying of the program (alone or merged with other software) or any accompanying materials, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Licensor other legal remedies. Upon termination you will return to licensor the program, accompanying materials and any copies.
LIMITED WARRANTY AND DISCLAIMER
THE PROGRAM AND ACCOMPANYING MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Licensor does not warrant that the functions contained in the program will meet your requirements or that the operation will be uninterrupted or error free. The entire risk as to the use, quality and performance of the program is with you. Should the program prove defective, you, and not Licensor assume the entire cost of any necessary repair. However, licensor warrants the CD or other media on which the program is furnished to be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. The duration of any implied warranties on the CD or other media is limited to the period stated above. Licensorʼs entire liability and your exclusive remedy as to the CD or other media (which is subject to you returning the CD or other media to Licensor or an authorized dealer with a copy of your receipt) will be the replacement of the CD or other media.
LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF LICENSOR OR AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
This Agreement is the entire agreement between us and supersedes any other communications with respect to the program and accompanying materials. If any provision of this Agreement is held to be unenforceable, the remainder of this agreement shall continue in full force and effect. |