| End User License Agreement (EULA) |
|
eStream System 5 - Point Of Sales Software by Owen Business Systems. Important - please read this document carefully! This document is a legal agreement between you (either an individual or a single entity) and Owen Business Systems Ltd. for any of the software products written by Owen Business Systems Ltd. (hereinafter called 'the software') The software includes all associated media, including manuals, video tapes and on-line or electronic documentation. By purchasing, installing, copying or otherwise using the software you agree to be bound by the terms of this agreement.
THE SOFTWARE LICENSE This software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. Grant of License. This agreement grants you the following rights. * Applications Software. You may install and use one copy of the software, or any prior version for the same operating system, on a single computer. * Storage/Network Use. You may also store or install a copy of the software on a storage device such as a network server, used only to install or run the software on your other computers over an internal network; however you must acquire and dedicate a license for each separate terminal or computer on which the software is run from the storage device. A license for the software may not be shared or used concurrently on different computers. * Archival/Backup Systems. You may make multiple copies of this software on tape or disc based backup systems for archival purposes only. * Technical Limitations. You may not reverse engineer, decompile or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable laws. * Separation of Components The software is licensed to you as a single product. You may not separate any components for use on more than one computer. * Rental. You may not rent or lease this software. * Support Services Owen Business Systems Ltd. may provide support services in accordance with current Owen Business Systems policies that are documented either electronically or with other materials supplied by Owen Business systems. Any additional upgrades or enhanced programming provided to you as part of this package is also covered under this license. With respect to technical information you provide to Owen Business Systems Ltd. as part of the support service, Owen Business Systems Ltd. may use such information for its business purposes, including product support and development. Owen Business Systems Ltd. will not use this information to personally identify you. * Software Transfer. You may personally transfer all of your rights under this agreement to another user, provided that you do not retain any copies of the software, and the recipient agrees to the terms of this agreement. * Termination. Owen Business systems may terminate this agreement if you do not follow all of the policies outlined in this agreement. In such event, you may not use this product. LIMITED WARRANTY Owen Business Systems Ltd. warrants that the software will perform substantially in accordance with the accompanying electronic manual for a period of 90 days from the date of receipt, and any support services provided by Owen Business Systems will shall be subject to current Owen Business Systems Ltd. policies as notified to you upon purchase of the software. The manual or software may undergo revision at any time, without notice to the user. Owen Business Systems Ltd. support engineers may be allowed make commercially reasonable efforts to solve any problem issues. CUSTOMER REMEDIES Due to the virtual nature of this product it is impossible to return. No refunds will be issued once any Licenses have been purchased, as such, Owen Business Systems Ltd.'s entire liability and your exclusive remedy shall be, at Owen Business Systems Ltd. option, either repair or replacement of any software or component that does not perform in accordance with the accompanying written materials. This Limited Warranty is VOID if failure has resulted from accident, misuse or misapplication. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWEN BUSINESS SYSTEMS LTD. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWEN BUSINESS SYSTEMS LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, BUSINESS PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OWEN BUSINESS SYSTEMS LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU HAVE ENTERED INTO A SUPPORT SERVICE AGREEMENT, LIABILITY SHALL BE GOVERNED BY THE TERMS OF THE AGREEMENT. |