SOFTWARE LICENSE AGREEMENT
IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT THEN DO NOT DOWNLOAD OR PURCHASE THIS SOFTWARE.
THIS SOFTWARE PROGRAM MacPOSX™ "SOFTWARE", IS A PROPRIETARY PRODUCT OF CROSSMAN SOFTWARE , HEREIN REFERRED TO AS "CS", AND IS PROTECTED BY COPYRIGHT LAWS, TRADE SECRET LAWS AND INTERNATIONAL TREATY. USE OF THIS SOFTWARE IS GOVERNED BY THIS LICENSE AGREEMENT AND APPLICABLE LAW INCLUDING COPYRIGHT LAW.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN THE USER OF THIS SOFTWARE AND CS. INSTALLING THE SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT AND CS POLICY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE COMPLETE SOFTWARE PACKAGE TO CS, DELETE ALL PROVIDED CS SOFTWARE FROM ALL OWNED COMPUTERS OR DELIVERED SOURCES, OR THE PLACE WHERE YOU OBTAINED IT, OR DO NOT DOWNLOAD, INSTALL OR PURCHASE THIS SOFTWARE.
1. Grant of License. CS grants you a non-exclusive license for the use of the Software as follows.
You may either:
If the Software is to be used by more than one user under option (a) above or on more than one computer under option (b) above, you must purchase a number of copies (or a multi-user package representing multiple copies) of the Software equal to the number of users under option (a) or Computers under option (b). The multi-user version is intended for use in a local area network only and not via a wide area network or via the internet. Where concurrent use of the multi-user version of MacPOSX at two or more disparate physical locations owned by the licensee more than 2000 feet apart would require the purchase of additional licenses for each physical location.
2. Copy Restrictions. Ownership of the legal rights contained in the Software and the associated documentation shall remain solely with CS. These may include trade secret, trademark, copyright, patent, international treaty and other rights as applicable. You may not sublicense, rent, lease, decompile, disassemble, create derivative works or otherwise distribute the Software without prior consent of CS. You may make an archival copy of the Software. You may not copy any written materials accompanying the Software, if applicable. You may permanently transfer the complete Software and accompanying Software materials by delivering the original Software on any media and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the Software and accompanying materials in your possession and the third party has registered electronically. Such a transfer terminates your license to use of the Software.
3. Export Control. The Software may be subject to United States export control. You agree to fully comply with all applicable United States export regulations.
4. U.S. Government Restricted Rights. If you are purchasing the Software on behalf of the United States Government or any unit or agency thereof, you acknowledge that the Software and accompanying materials were developed at private expense and that no part is in the public domain and that the Software 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. Contractor/manufacturer is Crossman Software, 944 Weber Lane, Erie, PA 16509
LIMITED WARRANTY
5. Limited Warranty. CS warrants that the media or method via which the Software is distributed will be free of defects in materials and workmanship under normal use for 30 days after the date of original purchase. If a defect occurs in media or during electronic transfer within the 30-day period after purchase you may return the disks to CS for free replacement or download another copy from our web site at our discretion. CS will replace the disks or provide a method for downloading replacement versions of Software provided that you have previously returned the product registration card accompanying the Software to CS or you have registered electronically via our web site. CS does not warranty that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
6. Disclaimer of Warranties. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR ACCOMPANYING MATERIALS. CS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, PROVIDERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
7. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN CERTAIN STATES/JURISDICTIONS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR THIRTY (30) DAYS FROM THE DATE OF DELIVERY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY STATE OR JURISDICTION.
8. IN NO EVENT WILL CS BE LIABLE TO YOU FOR DAMAGES, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, TORT OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CS, OR AN AUTHORIZED PROVIDER OF SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CS's entire liability and your exclusive remedy shall be at CS's option to either return the price paid for the Software, or repair or replace the Software that does not meet our Limited Warranty. This limited warranty does not apply if the failure of the Software has resulted from accident, abuse, inability to obtain or misapplication. In no event shall CS's liability exceed the purchase price of the Software. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitations may not apply to you.
9. This Agreement is governed by the laws of the State of Pennsylvania. Should you have any questions regarding this Agreement, or wish to contact Crossman Software, for any reason, please write: Crossman Software, 944 Weber Lane Erie, PA 16509 or email license@macpos.com