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Systems West
LIMITED USE SOFTWARE LICENSE AGREEMENT
LIMITED WARRANTY AND UPDATE POLICY
You should carefully read the following terms and
conditions before downloading this software. Downloading this
software indicates your acceptance of these terms and conditions.
If you do not agree with them, you should not download and exit
this page.
Systems West, provides this system and licenses
its use. You assume responsibility for the selection of this
system to achieve your intended results, and for the installation,
use and results obtained from the system.
1. GRANT OF LICENSE. Systems West, hereby grants to you
and you accept a license to use EzPOS™; and related materials
(EzPOS&™, the installation guide and the related materials
are collectively referred to as "Materials") delivered
with this license agreement, on a single computer or on a subsequent
but not additional computer. You agree that you will not transfer
or sub-license your right under this agreement, and Systems West reserves the right to sell or give licenses to use EzPOS™
to other persons and firms.
2. TERM. This license agreement is effective from the day you
download the software from System West's website.
3. Systems West'S RIGHTS. You acknowledge that the Materials
are the sole and exclusive property of Systems West. By
accepting this license, you do not become the owner of the Materials,
but you have the right to use the Materials as outlined in this
agreement. You further agree not to transfer the Materials in
any form to any person without the prior written consent of
Systems West. You will use your best efforts and take
all reasonable steps to protect the materials from unauthorized
reproduction, publication, disclosure, or distribution.
4. YOUR AGREEMENT. You agree not to copy the Materials received
from Systems West, in whole or in part except for backup or
archive purposes, unless Systems West, consents in writing.
5. LIMITED WARRANTY. THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY
OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES
ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
6. LIABILITY. You agree that regardless of the form of any claim,
Systems West's liability for any damages to you or to
any other party shall not exceed the license fee paid for the
materials. IN NO EVENT SHALL Systems West BE RESPONSIBLE
FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN
IF Systems West HAD BEEN ADVISED OF THE POSSIBLE DAMAGE. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
7. COPYRIGHT INFRINGEMENT. THIS SOFTWARE AND MANUAL ARE BOTH
PROTECTED BY THE U.S. COPYRIGHT LAW (TITLE 17 UNITED STATES
CODE). UNAUTHORIZED REPRODUCTION AND/OR SALES MAY RESULT IN
IMPRISONMENT OF UP TO ONE YEAR AND FINES OF UP TO $10,000 (17
USC 506). COPYRIGHT INFRINGEMENT MAY ALSO BE SUBJECT TO CIVIL
LIABILITY.
8. ATTORNEY'S FEES. If any legal action is brought by either
party to this agreement against the other party regarding the
subject matter of this license agreement, the prevailing party
shall be entitled to recover, in addition to any other relief,
reasonable attorney's fees and expenses.
9. WHOLE AGREEMENT. This license agreement constitutes the entire
software license agreement between you and Systems West.
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