End User License Agreement
for JMM Software
Ownership of the Software
1. The Licensed software program ("Total Retail Solution", AKA "TRS") 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 install the Software on any number of computers at one store or business site only. Use at any additional stores/business sites requires the purchase of a separate license for each location. This entire license agreement applies to the Total Retail Solution software only, and does not apply to any other 3rd party software that you may receive, which will have separate license agreements.
3. This license is valid only for use within the United States of America, Canada, and Australia.
Restrictions on Use and Transfer
4. You may not copy the Software diskettes/CD, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may install the Software to one or more hard disks in accordance with item 2 above, provided you keep the original solely for backup or archival purposes. You may not copy the written materials without permission from JMM Software.
5. You may not sell, pledge, assign, sublicense, or otherwise transfer license of the software without the prior written consent of Licensor, which Licensor may withhold at its sole discretion.
6. You may not reverse engineer, decompile, or disassemble the Software.
7. 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.
8. 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.
9. 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.
10. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication of the software, or modification of data files in any way other than instructed in printed materials.
11. 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.
12. This Agreement is governed by the laws of the State of California.
13. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write:
316 El Portal Way
San Jose, CA 95119
or call 408-578-3552.
14. 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 [JMM Software, 316 El Portal Way, San Jose, CA, 95119].