Software License Agreement:
Software is defined as the computer program with which this Software
License Agreement is included and any updates or maintenance
releases thereto. Do not use the Software until you have carefully
read the following Agreement. This Agreement sets forth the terms
and conditions for licensing of the Software to you, installing the
Software indicates that you have read and understand this Agreement
and accept its terms and conditions. If you do not agree with this
Agreement, do not use the Software.
License and Certain Restrictions
You are granted a limited non-exclusive license to use a copy of the
Software on a single computer. You may make one backup copy of the
Software for your own use. Making additional copies or duplicating
the Software by any other means including electronic transmission is
illegal. It is also prohibited to give copies to another person. You
may not copy the printed materials, if any, accompanying the
Software, or print copies of any user documentation. The Software in
its entirety is protected by copyright laws. The Software also
contains trade secrets, and you may not de-compile, reverse
engineer, disassemble, or otherwise reduce the Software to
human-perceivable form. You may not modify, adapt, translate, rent,
sublicense, assign, loan, resell for profit, distribute, or network
the Software, discs, or related materials or create derivative works
based upon the Software or any part thereof. You may transfer the
Software to a third party, or sell the computer on which the
Software is installed to a third party, provided you do not keep a
copy of the Software for yourself.
Disclaimer of Warranties:
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES ARE
PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED
MATERIALS AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR
PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR
NON-INFRINGEMENT. We DO NOT WARRANT THAT THE
SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM
LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF PURCHASE OF THE SOFTWARE.
HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL.
Limitation of Liability and Damages:
THE ENTIRE LIABILITY OF SALONTRAC FOR ANY REASON SHALL BE LIMITED TO
THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE PURCHASED FROM
SALONTRAC OR IT'S AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SALONTRAC AND IT'S SUBSIDIARIES,
AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE
PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES")
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF SALONTRAC OR IT'S
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE, SALONTRAC AND ITS REPRESENTATIVES'
TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER
WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS SOFTWARE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
The limitations of damages set forth above are fundamental elements
of the basis of the bargain between SalonTrac Systems and you.
SalonTrac
Systems would not be able to have provided this product or services
without such limitations.
General Provisions:
This Agreement sets forth SalonTrac and its Representatives' entire
liability and your exclusive remedy with respect to the Software.
You acknowledge that this Agreement is a complete statement of the
agreement between you and SalonTrac, and that there are no other
prior or contemporaneous understandings, promises, representations,
or descriptions regarding the Software or any related services. This
Agreement does not limit any rights that SalonTrac may have under
trade secret, copyright, patent, trademark or other laws. The
Representatives of SalonTrac are not authorized to make
modifications to this Agreement, or to make any additional
representations, commitments, or warranties binding on SalonTrac.