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 represents the entire Agreement
concerning the Software between you and SalonTrac, and it supersedes any
prior proposal or understanding between you and SalonTrac. 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 assume responsibility for
selection of the Software to achieve your intended results and for the
installation, use, and valid operation of the Software. 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, media, 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, MEDIA, 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.
Because computer software is
inherently complex and may not be completely free of errors, it is your
responsibility to verify your work and to make backup copies, and SalonTrac
will not be responsible for your failure to do so.
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.
