Technical data
Cash Register Express
Page 87
SOFTWARE LICENSE AGREEMENT
OF PC AMERICA
PC AMERICA ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS
CAREFULLY BEFORE YOU OPEN THIS PACKAGE, BECAUSE BY OPENING THIS SEALED DISK PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING, THIS
UNOPENED DISK PACKAGE, AND ALL WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY FOR A FULL REFUND.
Ownership of the Software
1. The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor [or its suppliers] and are protected by United States copyright
laws, by laws of other nations, and by international treaties.
Grant Of License
2. Licensor grants to you the right to use one copy of the Software on a single computer. You may load one copy into permanent memory of one computer and may use that copy, or the
enclosed diskettes, only on that same computer. You may install the Software on a single network server, provided that you have a License for Network Station from Licensor for each
station of the network at which the Software is used.
3. This license is valid only for use within the United States of America and its territories.
Restrictions on Use and Transfer
4. If this Software package contains both 3½" and 5¼" disks, CD-ROM or DVD or any other media, then you may use only the size disks appropriate for your computer. You may not use
the other size disks on another computer or loan, rent, transfer, or assign them to another user except as part of the permanent transfer of the Software and all written materials (as
provided for below).
5. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may transfer the Software to a single hard
disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.
6. You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee
agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the
Software, except as stated in this paragraph.
7. You may not reverse engineer, decompile, or disassemble the Software.
Limited Warranty
8. Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the
Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply
to you.
9. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal
rights. You may have others, which vary from state to state.
10. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT
DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the
remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America.
11. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
12. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
13. Governing Law/Forum Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding principles of conflicts of
laws, and the parties submit to the exclusive jurisdiction and venue of the Supreme Court of the State of New York for the County of Rockland and/or the United States District Court for
the Southern District of New York in the County of Westchester; and the parties agree not to raise and waive any objection to or defense based on the venue of any such court or based
upon forum non conveniens.
14. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write:
PC America
One Blue Hill Plaza
Second Floor, PO Box 1546
Pearl River, NY 10965
or call 845-920-0800.
15. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions
set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is:
PC America
One Blue Hill Plaza
Second Floor, PO Box 1546
Pearl River, NY 10965
or call 845-920-0800.