END USER LICENSE AGREEMENT FOR INSIGHT RETAIL SOFTWARE
IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Insight Retail Software End-User License Agreement (“EULA”). You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA.
Your click of the “yes” button, or entering the software, is a symbol of your signature that you accept the terms of the EULA. For your reference, you may refer to the copy of this EULA that can be found in the Help for this SOFTWARE. You may also receive a copy of this EULA by contacting Insight Retail Software, Inc. or write: Insight Retail Software, Inc. Sales Information 1280 North Shore Road, Hadley, NY 12835. This EULA is a legal agreement between you (either an individual or a single entity) and Insight Retail Software, Inc. for the Insight Software accompanying this EULA, which includes theaccompanying computer software, associated media, printed materials and “online” or electronic documentation (“SOFTWARE”). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE. Once the software is installed or entered thereby accepting this agreement, NO REFUNDS of any monies paid to Insight Retail Software Inc. for the software or related services will be granted.
SOFTWARE PRODUCT LICENSE
* You must maintain all copyright notices on all copies of the SOFTWARE.
* Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent or lease or lend the SOFTWARE.
* Software Transfer. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), you do not receive any payment or other compensation for transferring the SOFTWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.
* Support Services. Insight Retail Software, Inc. may provide you with support services related to the SOFTWARE (“Support Services”), in its discretion. Use of Support Services, if any, is governed by the Insight Retail Software, Inc. policies and programs described in Insight Retail Software-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to Insight Retail Software, Inc. as part of the Support Services, Insight Retail Software, Inc. may use such information for its business purposes, including for product support and development. Insight Retail Software, Inc. will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
* Replacement, Modification and Upgrade of the Software. Insight Retail Software, Inc. reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by Insight Retail Software, Inc. shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that Insight Retail Software, Inc. offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
Without prejudice to any other rights, Insight Retail Software, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Insight Retail Software, Inc. may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, Insight Retail Software, Inc. may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that Insight Retail Software, Inc. terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Insight Retail Software, Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation, which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
6. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the “Restricted Components”), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
7. DISCLAIMER OF WARRANTIES.
INSIGHT RETAIL SOFTWARE, INC.AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
8. EXCLUSION OF ALL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSIGHT RETAIL SOFTWARE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSIGHT RETAIL SOFTWARE, INC.OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. LIMITATION AND RELEASE OF LIABILITY.
Insight Retail Software, Inc. has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE INSIGHT RETAIL SOFTWARE, INC. AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE. No refund will be made for any reason.
10. GOVERNING LAW.
If you acquired the SOFTWARE in the United States of America, the laws of the State of New York, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.
Should you have any questions, or if you desire to contact Insight Retail Software, Inc. for any reason, please contact the Insight Retail Software, Inc. Corporate Office, or write: Insight Retail Software, Inc. 1280 North Shore Road, Hadley, NY 12835.